检察机关提起民事公益诉讼的合理性分析-法学理论专业论文.docxVIP

II II Abstract Illegal acts against civil laws are on the continuous increase along with the fast social and economic development of China. However, The existing Civil Procedure Law of the People’s Republic of China and its relevant laws are ambiguous when it comes to the subject who institutes the proceedings. Article 55 of the newly revised Civil Procedure Law of the People’s Republic of China stipulates that prescribed organs and relevant organizations can institute legal proceedings against acts harming public interests, like polluting the environment and violating consumers’ lawful rights.The introduction of this article means the preliminary establishement of civil public interest litigation system, filling in the blanks of our country’s legal system in this field. Despite all this, no organs or organizations is defined as the subject instituting the proceedings. This situation is unfavorable to safeguarding national interests as well as social public interests, and to some extent, connives unlawful acts of this kind. It is of great need to clearly define the subject of civil public interest litigation. This paper discusses, from the aspect of domestic and overseas legal systems and legislative practice and experience, the issue of civil public interest litigation by procuratorates, the introduction of China’s civil public interest litigation system and the controversy about the litigation subject. Procuratorates have conducted explorations of civil public interest litigation concerning national interests, but queries from the academic circle never end. Some take it that the expansion of procuratorial power doesn’t work with the limited judicial resources,that this can break the balance within the procuratorial power and that it may lead to the abuse of power. Further investigations should be made into the rationality of civil public interest litigation by procuratorates. First, the nature of procuratorial power is clearly defined. The development of the inher