On The Pre-litigation Procedure Of The Civil Public Interest Litigation By The Procuratorial Organ

As a unique system in China,the pre-litigation procedure for civil public interest litigation initiated by procuratorial organs has officially entered a new stage of comprehensive implementation after years of practical exploration and academic research.Procuratorial organs as the national supervision organ,the civil public interest litigation before litigation procedure,the property is essentially a kind of legal supervision of social rights,illegal intervention has the characteristics of QianZhiXing and covering,aimed at saving judicial resources and keep the tolerance of sex in the procuratorial organs to exercise procuratorial authority,to a certain extent reflect the characteristics of the modern state of public interest litigation system.Work from pilot to now,a large amount of data show that before litigation procedures in the administrative public welfare lawsuit brought by the procuratorates plays the role of special significant,by contrast,in the civil public interest litigation’s role is little,lead to practice in civil public interest litigation "heavy light civil,administrative lawsuit procedures before almost on the verge of a be fause and related organizations idle v." wait for a phenomenon.Due to the practice test in just a few years and the fact that the pre-litigation procedure of civil public interest litigation in China is still in the primary stage,the norms are relatively simple and vague,and it has not fully played its due role.As a result,the pre-litigation procedure has met some difficulties in the practical operation,and has not reached the intention of legislators.Therefore,by summarizing the practical cases of the civil public interest litigation filed by the procuratorial organs in recent years,this paper analyzes the reasons behind the difficulties,and finally puts forward the corresponding improvement approaches based on the intention of legislators.This paper is divided into the following parts:Part one: introduction.The introduction mainly elaborates and introduces the background and significance of the topic,research methods and ideas,and literature review,indicating the significance and contribution of the author to the study of the pre-litigation procedure system.Part two: the theoretical basis of the civil public interest litigation initiated by the procuratorial organ.This part is mainly composed of the meaning of pre-litigation procedure,legislative arrangement and legislative intention.This part is mainly to clarify the research scope and legal basis of the article,and to provide legal basis support for the following research.Part three: the practice and existing problems of the civil public interest litigation initiated by the procuratorial organ.This part sums up the performance of the civil public interest litigation in practice by the procuratorial organs in recent years,which is divided into the pilot stage and the comprehensive implementation stage,so as to summarize the problems such as "emphasizing administration over civil" and "related organizations’ negligence" in practice.Part four: the cause analysis of the problems encountered in the practice of civil public interest litigation filed by procuratorial organs.In view of China’s actual national conditions and the immaturity of China’s civil public interest litigation system at the primary stage,based on the legal theory and practice,this paper puts forward some opinions on the reasons such as the small scope of the eligible subjects,the narrow scope of damage,and the lack of punishment and reward mechanism in the civil public interest litigation.Part Ⅴ: perfection of the prelitigation procedure of the public interest litigation initiated by the procuratorial organ.Based on the analysis of the reasons in the fourth part and the intention of legislators,the author puts forward relevant relief approaches for the difficulties encountered in the pre-litigation procedure of civil public interest litigation initiated by procuratorial organs.