Research on Procuratorial Organization Instituting Civil Public Interests Litigation System in China
|Keywords||Public interest Public Interest Litigation Civil Public Interest Litigation Procuratorial organs System Construction|
With the development of China 's market economy , involving public interest litigation has been the emergence of what is meant by the public interest , the status of national public interest litigation and how ? Difficult for the status quo of China's legislation in the absence of judicial practice public interest litigation , this paper from China's civil the Procedure Law Prosecutorial Authority of Civil Public Prosecution historical Considerations proceed experience in civil legislation filed by a review of Attorney civil Public Prosecution , revise and improve the final deletion process , drawing on common law and civil law prosecution filed reality based on the useful experience of the civil public interest litigation , from the reality of our country , the argument procuratorial organs involved in public interest litigation theoretical basis , and the prosecution in a civil public interest litigation is conducive to safeguarding the public interest , to achieve social justice , the need to improve the socialist legal system . Combination of judicial practice , procuratorial organs in some areas lift on indictment , to support the prosecution of experience in empirical research and evaluation , summarize Attorney agencies are involved in the theoretical basis and practical experience of the public interest litigation , public interest litigation in case of analysis from the two aspects of the theory of litigation and judicial system to obstacles . Finally, to determine the scope of the principle of public interest litigation cases of the procuratorial organs involved in public interest litigation , the Attorney Civil Public Prosecution 's range is limited , and the prosecution 's position in the Civil Public Prosecution basic issues to discuss and make recommendations .