Criticism on the Procuratorial Authority's Power of Taking a Civil Action ——From the Angle of Litigation for Public Interest
Feng Shan
Abstract
Feng Shan
Abstract
No matter in theoretical or practical fields,discussion on litigation for public interest is in the ascendant.Compared with other official departments,the procuratorial authority is more suitable to take a civil action for on behalf of the state.But the procuratorial authority's power of taking a civil action is embodiment of its litigious right instead of originating from its power of supervising the implement of law.Taking a civil action by the procuratorial authority on behalf of the state is only one of the measures of protecting public interest in current society of various kinds of rights.How to define the meaning of 'public interest' exactly and prescribe the reach of power in which the procuratorial authority can take a civil action have become main parameters of analyzing the limits of the procuratorial authority's power of taking a civil action.
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No matter in theoretical or practical fields,discussion on litigation for public interest is in the ascendant.Compared with other official departments,the procuratorial authority is more suitable to take a civil action for on behalf of the state.But the procuratorial authority's power of taking a civil action is embodiment of its litigious right instead of originating from its power of supervising the implement of law.Taking a civil action by the procuratorial authority on behalf of the state is only one of the measures of protecting public interest in current society of various kinds of rights.How to define the meaning of 'public interest' exactly and prescribe the reach of power in which the procuratorial authority can take a civil action have become main parameters of analyzing the limits of the procuratorial authority's power of taking a civil action.
Key concepts: Power (physics), Action (physics), Political science, Public interest, Criticism, Law, State (computer science), Civil procedure