The purpose of the procuratorial public interest litigation is the way of the People's Procuratorate to urge the right subject to exercise the right to public interest or directly exercise the right to public interest，Maintenance of public interests。As of now，National Prosecutor's Public interest litigation mainly focuses on ecological environment and resource protection、Food and Drug Safety、Protection of state -owned property、Division of the right to use state -owned land use rights to infringe public interests，and really achieved good results，I have accumulated a certain experience。But from the perspective of the field of procuratorial public interest litigation，Except the above field，Discovery of procuratorial public interest litigation in other fields has not appeared in other fields。Actually，The scope of public interest is very wide，Under the condition of mature conditions，You can break the above field appropriately，Acts that damage public interests in other areas，Properly promote the expansion of public interest litigation。For example，Violations of education laws and regulations that occur in the field of education、Acts that infringe on the right to the state or social public interest and the right to educate citizens，Procuratorate can urge the qualified subject to exercise the right to public welfare in accordance with the law，or filed a lawsuit in accordance with the law，Then explore and promote how to carry out public interest litigation activities in the field of education。

Maintaining public interests through public interest litigation is the Civil Procedure Law and the Administrative Procedure Law to give the people's procuratorate inconspicuous responsibility。Education is a public product，Education is a kind of public welfare cause，Therefore, of course, the public interest in the field of education bet365 best casino games exists and it is very important。If the right of education itself is a basic right in the constitution，Affairs the right to educate citizens，It also means that national interests and public interests are infringed。Most of the judicial reliefs of citizens' right to educate in the past were mostly through civil lawsuits、Administrative lawsuit approach。For example, in 1997, the primary middle school of Winsheng Town, Luxian County, Sichuan Province sued 5 drop -out students' parents violated the Compulsory Education Law、Edem the right to receive education for children。Although the plaintiff finally won the case in this case，But because there is no direct interest between the plaintiff and the defendant，The acceptance of the court and the basis for judgment are not sufficient。Another example，The phenomenon of "water lessons" that has continuously attracted public opinion in recent years，Obviously it also constitutes a kind of infringement of students' right to educate。but，How to determine the criteria of the "water lesson" and how to maintain the relevant rights and interests of students after the "water class" phenomenon appears，Obviously it is difficult to achieve through the individual students。If the procuratorial organs are involved in the phenomenon of "water lessons" by public interest litigation，Establish the "water lesson" identification standard and solution through the lawsuit，It will inevitably help various schools to prevent "water lessons"，Promoting "Gold Class"。So，Public interest in the field of education through public welfare lawsuits，It is really necessary。

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One reason why the prosecutor's public interest lawsuits in the current education sector failed to carry out normally is: whether the Civil Procedure Law or the Administrative Procedure Law，The coverage of public interest litigation has adopted the legislative mode of listing and summary。The aforementioned ecological environment and resource protection areas，It is precisely the public interest bet365 live casino games areas listed by the two laws，Therefore, the People's Procuratorate carried out the procuratorial public interest litigation worker to be famous、Right qi，Actions that damage public interests in other fields，Shooting is more cautious。But，Regardless of the development history of my country's public interest litigation，Or analysis of the legal provisions of the existing procuratorial public interest litigation，None of the areas of the implementation of procuratorial public interest litigation are limited to the fields enrolled in the law。Actually，Carrying out procuratorial public interest lawsuits in the field of education meets the existing laws and regulations in my country and has now possessed the basis of implementation。

Public interest litigation includes civil public interest litigation and administrative public interest litigation，my country's public interest litigation has gone through the development path of the expansion of civil public interest litigation to administrative public interest litigation。Sure the leather context of the relevant legal system，It can be seen that my country's public interest litigation system began in the revision of the Civil Procedure Law in 2012。Article 55 of the Civil Procedure Law amended that year stipulates: "、Actions to infringe on the legitimate rights and interests of many consumers and other consumers that harm social public interests，The agencies and relevant organizations stipulated in the legal regulations can file a lawsuit with the people's court。"This article first recognizes the legitimacy of public interest litigation，The authorization of public interest litigation in the procuratorate and other state organs; at the same time, it also stipulates the basic scope of public interest litigation。This article does not limit the scope of public interest litigation to the pollution environment、Consumer rights maintenance of the two major areas，Instead, after listing the two major fields，In the expression of the word "equal"。The Supreme People's Court believed at the time that: cases that could raise civil public interest lawsuits include, but not limited to the two types of cases:，The scope of application of public interest litigation bet365 live casino games can also be steadily expanded according to the development of practice。At the same time，"In view of the preliminary implementation stage of civil public interest litigation，The current scope of application should be temporarily limited to the pollution environment、It is advisable to infringe on the legitimate rights and interests of many consumers. "。

July 1, 2015 to June 30, 2017，The Standing Committee of the National People's Congress authorized the Supreme People's Procuratorate to carry out a two -year public interest litigation pilot work。During this period，1126 cases of public interest litigation case filed by the procuratorate in the national courts，Judgment 938 pieces。At the end of June 2017，my country's "Civil Procedure Law" and "Administrative Procedure Law" amended at the same time，On the one hand, it expands the implementation of public interest litigation，On the other hand, the expansion from civil public interest litigation to administrative public interest litigation。Civil interest litigation，Added one of the aforementioned Article 55 "The People's Procuratorate found in the performance of its duties to discover the damage of the ecological environment and resource protection、Food and Drug Safety field infringes on many consumers' legitimate rights and interests, etc.，When the organs and organizations and organizations stipulated in the previous paragraph without previous paragraphs, if they do not file a lawsuit，You can file a lawsuit with the people's court。The agencies or organizations specified in the preceding paragraph shall be filed for litigation，People's Procuratorate can support prosecution "。Administrative public interest litigation，"Administrative Procedural Law" adds one of Article 25，As paragraph 4: "The People's Procuratorate found the ecological environment and resource protection in the performance of its duties、Food and Drug Safety、Protection of state -owned property、The transfer of state -owned land use rights and other fields that the administrative agencies with supervision and management responsibilities illegally exercise their powers or do not act，If the national interests bet365 Play online games or social public interests are infringed，It should be submitted to the administrative agency for procuratorial advice，Urges them to perform their duties in accordance with the law。The administrative organs perform their duties，The People's Procuratorate filed a lawsuit with the people's court in accordance with the law。”

July 1, 2017 to December 31，A total of 257 cases of public interest litigation cases filed by the procuratorate in the national courts，Judgment 53 pieces。July 2017 to January 2018，10565 cases of public interest litigation cases in the national procuratorial organs，Procuratorial suggestions and release announcements 9497，272 cases of litigation to the people's court。March 2018，The Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Explanation of Several Issues of the Supreme People's Procuratorate on Prosecutor's Public interest lawsuits in the Supreme People's Court"，Litigation status of the procuratorial organs、The court's trial procedures and trial responsibilities make new regulations。

To sum up，After 6 years of continuous practice，my country's public interest litigation has entered a stable development stage，Basic conditions to resume the original meaning of legislative and explain the relevant provisions。So，The scope of public interest litigation should be gradually expanded from the perspective of the purpose interpretation and the explanation of the text to。

　Specific types of procuratorial public interest lawsuits in the field of education

Different types of infringement according to the different types of public interest litigation and the public interest in the education field，Prosecutor's lawsuit in the field of education has extensive implementation space in civil public interest litigation and administrative public interest litigation。Civil interest litigation can mainly focus on the following behaviors that damage the public interest: First，School safety、Hygiene measures are not difficult to endanger students' safety; second，School teaching content、Teaching method, etc. illegal education law，Improper increasing the burden of students or letting students abandon school abandonment and other consequences; third，bet365 best casino games Social organizations or individuals disrupt the order of education and teaching in schools or destroy school buildings、Acts in the venue; fourth，illegal operations around the school、Set point setting points and other behaviors affecting the normal order and environment of the school; fifth，Parents、The school does not fulfill the obligations stipulated in the compulsory education law，Acts that infringe the right to educate children and other citizens。

Administrative public interest litigation can mainly focus on the infringement of national interests or public interests of educational administrative agencies and other relevant agencies.、Random as an administrative act: first，Educational policies such as educational fees formulated by relevant departments violate educational laws、Regulations，Affairs citizen property rights; second，Education administrative department does not fulfill the obligations stipulated in the Education Law，Activity of infringement of citizens' right to educate; third，Relevant departments plan at the school plan、Construction Standards、Education funding allocation and other acts affecting the normal school and students' right to education; fourth，Administrative Organs violate the laws and regulations such as the Education Law、Restrictions or infringement of the improper law enforcement behavior of the legal school permissions of the school by laws and regulations such as the Education Law。For these inaction、Administrative behavior of chaos，Procuratorial organs can first use the method of prosecution proposal，Urges relevant administrative agencies to perform their duties。If the administrative organ does not perform its legal duties，The procuratorial organs can file a lawsuit directly as the plaintiff，The national interests and public interests in the field of education are not infringed。

(The author is the secretary of the party committee and professor of Hebei Normal University)