Looking around the world, establishing a public interest litigation system is a common phenomenon in countries around the world. However, the practice of initiating public interest litigation by the procuratorial organs or prosecutors is not common. In China, it is also a new thing to initiate public interest litigation by the procuratorial organs although it is a concrete manifestation of the supervisory function of the procuratorial organs. But as a wok, it is a completely new field. Therefore, in China, it is necessary to conduct theoretical research and support on whether the procuratorial organs are suitable for initiating public interest litigation, the scope of handling cases, the power of investigation and verification, the position in litigation, and so on. Therefore, this chapter mainly reviews relevant academic debates, relevant theories and explorations and experiences in other countries as well as the theoretical research issues. The conclusion of such research is that it is a system suitable for the current Chinese national conditions to initiate public interest litigation by the procuratorial organs, especially administrative public interest litigation, such as supervising the illegal acts or omissions of some administrative organs that cause harm or danger to the national and social public interests by using the public power of the procuratorial organs to supervise the administrative organs to perform their duties in accordance with the law.

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Theoretical Exploration of Public Interest Litigation Initiated by the Procuratorial Organs

  • Meijun Ji

摘要

Looking around the world, establishing a public interest litigation system is a common phenomenon in countries around the world. However, the practice of initiating public interest litigation by the procuratorial organs or prosecutors is not common. In China, it is also a new thing to initiate public interest litigation by the procuratorial organs although it is a concrete manifestation of the supervisory function of the procuratorial organs. But as a wok, it is a completely new field. Therefore, in China, it is necessary to conduct theoretical research and support on whether the procuratorial organs are suitable for initiating public interest litigation, the scope of handling cases, the power of investigation and verification, the position in litigation, and so on. Therefore, this chapter mainly reviews relevant academic debates, relevant theories and explorations and experiences in other countries as well as the theoretical research issues. The conclusion of such research is that it is a system suitable for the current Chinese national conditions to initiate public interest litigation by the procuratorial organs, especially administrative public interest litigation, such as supervising the illegal acts or omissions of some administrative organs that cause harm or danger to the national and social public interests by using the public power of the procuratorial organs to supervise the administrative organs to perform their duties in accordance with the law.