Case Study Of Criminal Incidental Civil Public Interest Litigation

The “Civil Procedure Law” amended in 2017 stipulates that the procuratorates may initiate civil public interest litigations against acts which damage the public interest on food and drug after fulfilling pre-procedures.However,due to the jurisdiction which above the city level and complex pre-procedures,little practices are in the application.On March 2,2018,the Supreme People’s Court and the Supreme People’s Procuratorate promulgated the “Interpretation of Several Issues Concerning the Applicable Laws for Prosecutorial Public Interest Litigation Cases”,which stipulated that the procuratorates may initiate a criminal incidental civil public interest litigation in the field.Due to the jurisdiction extending to the county level,the number of cases increased with some new problems.This thesis is based on the principle of “summarizing the legal basis and practice status-analyzing cases and identifying problems-solving problems”.First of all,the author summarizes the existing legal basis and judicial practice of criminal incidental civil public interest litigation,and analyzes the overall status of criminal incidental civil public interest litigation,and the performance of criminal incidental civil public interest litigation in the field of food and medicine.After collected 50 cases from the Chinese Refereeing Paper Network as the research objects,the author summed up the overall status and characteristics of these cases,then found that there are three problems in the criminal incidental civil public interest litigation: unclear legal provisions,non-specific legal application and inadequate case assessment mechanisms.Finally,the author tries to address these problems from the aspects of sounding punitive damages system,perfecting the legal regulation of public interest litigation and setting up case evaluation mechanism.