On The Issue Of Civil Public Prosecution

In an era of rapid economic development,there are always coming cases in which the public interest is harmed by the development of the economy simultaneously,resulting in ecological pollution,insecurity in the food and drug sector,etc.How to regulate this behavior through legal procedures has become a legal issue which should be solved by the the current society.As a national legal supervision organ,the procuratorial organs have an unshirkable responsibility for safeguarding the public interest of the society,it is objectively necessary to accelerate the construction and gradually improve the procuratorial organ's filing of a civil public interest litigation system.Since the Standing Committee of the National People's Congress authorized the Supreme People's Procuratorate to conduct a two-year pilot public interest litigation on July 1,2015,the procuratorate has grasped the core of public interest litigation firmly,public interest litigation has reached remarkable results and feedback from society.Although the law gives the procuratorial organs the main qualifications for participating in public interest litigation,the existing system is not perfect,the methods of participation and litigation procedures are not clearly stipulated.As a result,the procuratorate has encountered many problems in participating in the public interest litigation process,leading to dispute.In view of the important role of public interest litigation in establishing and improving legal functions,maintaining social solidarity and stability.The relevant legislative departments should increase the procuratorial organs' research and analysis of public interest litigation,drawing on the favorable practices and experiences of foreign public interest litigation at the same time,continuously strengthen and improve the relevant provisions which the procuratorial organs filed on civil public interest litigation and construct a civil public interest litigation system which is suitable for a country's national conditions.Based on the relevant theories of public interest litigation,this paper analyzed the concept,characteristics,necessity and feasibility of public interest litigation,summarized the current status of civil public litigation initiated by Chinese procuratorate,and reached to existing problems,combining the excellent practices andexperiences of English,American,France,Japan and other national public interest litigation,point out specific suggestions for the improvement on procuratorial organs' internal links,clue discovery links,pre-litigation procedures,and litigation links of the civil public interest litigation in China's procuratorial organs.