Theory and Application of the Principle of Restraint for Prosecution in Public Interest Litigation

Abstract

The smooth development of procuratorial public interest litigation relates to the timing of the procuratorial power, the interaction between the procuratorial power and administrative power, and the procuratorial power and private rights. Regarding the filing of public interest litigation, the people's procuratorates shall not exercise power crossing the line, taking the principle of restraint as the fundamental requirement and goal, and fully coordinating with the nongovernmental actors and helping them develop. Regarding the relationship between the procuratorial power and administrative power, the essential differences between them should be clarified, and the extent and boundaries should be reasonably defined to avoid confusion and a mixture of powers. Regarding the relationship between the procuratorial power and civil rights, we should adhere to the idea of exercising public power to protect civil rights, pay attention to the balance between public interests and private interests, and avoid the excessive pursuit of public interests at the price of ignoring the protection of private interests.

Keywords

public interest litigation (PIL) / procuratorial power / legal oversight / principle of restraint

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