Research On Magnification Of The Civil Public Interests Litigation Filed By The Procuratorates

The starting and standing points of the civil public interests litigation are directly depended on the scope of the cases filed by procuratorates.In accordance with the domestic laws,the cases are restricted in the environment pollution,the ecological damage and the security of food and medicine,which is not adapted with the domestic ecnomic development and insufficient to safeguard all public social interests such as the cyber violation to the public interests and the damage of the labours’ legal rights.On the basis of analyzing the legislative and judicial status of the case scope of the civil public interests litigation filed by domestic procuratorates,referring to the experience of foreign procuratorates in filing the civil public interests litigation,the definition standards of the public social interests as well as the facts in domestic legislation and practice,this paper considers that the necessity and feasibility do exist in extending the case scope.Nevertheless,in case of the original intention of establishing the system being damaged by the unlimited expansion,the Five Principles and Three Relations are still needed to be observed and properly handled.Based on these above,the typical cases that violate the public social interests are supposed to be incorporated into the filing scope so that the procuratorative functions will be better performed.Besides,the preventive protection and afterwards relief are also needed in safeguarding the public social interests and achieving the sustainable development of the social economy.