Prosecutor’s Office Brings Proceedings Before Civil Litigation In Public Interest

The procuratorial agency instituted a procedure for the pre-litigation of civil public interest litigation for the purpose of safeguarding the public interests of the country and society,trying to exert the function of mobilizing the enthusiasm of the appropriate body and saving judicial resources.However,the status quo of the operation of lawsuits during the pilot period shows repeatedly,the procedure did not play its pre-set function in dealing with civil public welfare cases.The reason for this is mainly that the contents of the pre-proceeding procedures in the implementation methods of the pilot work are relatively meticulous and many specific provisions are still unreasonable.Although the recently introduced judicial interpretation has improved the prosecutor’s office before the lawsuit filed for civil public interest litigation,it has improved the procedures,however,there are still many problems in the procedures for the performance of the lawsuit before the lawsuit,the object of application,and the time limit for replying.Therefore,to make the procuratorial organs bring forward the procedures for the civil public interest litigation to play its due function,it should strengthen the prescriptive procedure’s normativeness and operability from the legislative perspective,first,it should be based on the specific circumstances of civil public welfare cases,set up a variety of pre-litigation complaint methods and flexibly determine whether the eligible entity will file a reply period;secondly,it is necessary to strengthen the effective convergence between the pre-proceeding procedure and the prosecution system and the procuratorial agency’s civil public interest litigation procedures,in order to bring into play the function of the procuratorate in protecting civil public welfare.Only by summarizing practical experience and perfecting the relevant laws of the Procuratorial Organ before filing a lawsuit for civil public interest litigation,can the process of litigation be avoided as a dead letter.