Study On Expanding The Scope Of Public Interest Litigation Filed By Procuratorial Organs

Since the Fourth Plenary Session of the 18 th CPC Central Committee proposed to "explore the establishment of public interest litigation system by procuratorial organs",the number of public interest litigation cases has increased rapidly,and the vast majority of these cases fall within the scope of "4+1" public interest litigation cases listed in the law.However,with the rapid development of society,the requirements of social governance are increasingly high,and the phenomenon of infringement of public interests in areas such as personal information protection and production safety is common.In this context,19 in the fourth plenary session of the party put forward "expand the scope of public welfare lawsuit" decision deployment,the public interest litigation work put forward higher request,expand the scope of public interest litigation cases to modernize the national management ability and the management system has a positive role,is also a response to the new age people’s yearning for a better life.Based on the practice of expanding the scope of public interest litigation cases,this paper tries to put forward the path for procuratorial organs to expand the scope of public interest litigation cases.The article is divided into three parts:The first part elaborates the related theories of public interest litigation.First of all,it is necessary to define the public interest,including the theoretical definition of public interest and how the public interest is expressed in the legislation of our country.Secondly,it is necessary to elaborate the right basis of public interest litigation.Finally,the paper expounds the basis of expanding the scope of public interest litigation cases.The word "etc" in the law provides the system foundation for expanding the scope of public interest litigation cases,and the reality of frequent infringement of public interest constitutes the realistic basis for expanding the scope of cases.The second part focuses on the practice of expanding the scope of public interest litigation cases in China.From the two aspects of "etc" and "etc",this paper summarizes the current situation of "etc" practice,and summarizes the typical cases of the scope expansion of "etc" cases and the current situation of local legislation practice.Through the summary and conclusion of the practice status quo of the expansion of the scope of public interest litigation cases in China,it can be found that the scope of public interest litigation cases does not meet the needs of public interest protection.The legal provisions of the scope of public interest litigation are vague.The application of judicial experience in public interest litigation is insufficient.The third part studies the way to expand the scope of public interest litigation based on the above questions.The scope of accepting cases should be guided by practical needs and public interests.Exploring beyond "etc." needs to abide by certain principles and conditions,rather than undertake everything.Strengthen the application of judicial experience in public interest litigation;Judicial interpretation or local laws and regulations to expand "other" cases.Public interest litigation is an important part of the national governance system,which can better safeguard the public interest and is an important guarantee for the modernization of the national governance system and governance capacity.As socialism with Chinese characteristics has entered a new era,the people have higher requirements for a better life.Public interest litigation coincides with the people-centered principle and meets the people’s new expectations for democracy,rule of law,fairness,justice,security and the environment through the protection of public interests.