Study Of The Procedure Before The Civil Public Interest Litigation By Procuratorial Organs

The public interests of millions of households,the urgent danger of violation of our public interest has become a top priority.The formal introduction of public interest litigation by procuratorial organs conforms to the need of safeguarding public welfare,so it is of practical significance for its research.The procedure before the civil public litigation as a new system design and one of the key elements,has great research value.As the establishment of public interest litigation system of procuratorial organs in our country is still short,some problems have arisen.The main performance is that the statutory body fails to pay attention to the procuratorial suggestions and support the imperfection of the prosecution,etc,so that the application rate of the system is not high,and it fails to play its due role.Therefore,combining the relevant legislation,referring to the domestic and foreign literature and information,taking the practice status since the pilot period as a reference,the author selects the the procedure before the civil public litigation by procuratorial organs as the topic of the thesis,and proposes to perfect it from the aspects of legislation and judicial operation.This article has more than 22,000 words and is divided into four parts:The first part sorts out the general situation of procuratorial organs before proceeding with civil public interest litigation.First of all,define its definition,and compare with pre-trial procedure and administrative pre-trial procedure to clarify the concept of civil pre-trial procedure.Afterwards,it points out the basic features of the pre-appeal procedure and shows its particularity.The second part analyzes the rationality of the prosecutor’s procedure for filing civil public interest litigation.In legal theory,the establishment of the pre-litigation procedure is consistent with the humility of the procuratorial agency’s litigation supervision and the principle of equal litigation rights;in the judicial practice,the establishment of the pre-litigation procedure is conducive to saving procuratorial judicial resources and strengthening the litigation capabilities of relevant organizations.The third part analyzes the status quo of the pretrial lawsuit brought by the procuratorial organs of China for civil public interest litigation and analyzes the legislation and practice,and intuitively reviews the classic cases according to differentsituations.Summing up the problems existing in the system such as low application rate,single advice and suggestions,and limited prosecutor support capabilities,analyze the reasons for their existence.The fourth part proposes perfect suggestions for the problems existing in this system in China.It mainly includes: improving the prosecution and prosecution system through the improvement of prosecution advice,implementation of various types of adjudications,etc.;establishing support procedures through the establishment of limited intervention principles;and establishing and improving the pre-action linkage mechanism through the establishment of pre-action mediation and reconciliation systems.Standardize relevant judicial operations by improving the ability of prosecutors to support prosecution and the ability of social organizations to bring lawsuits.