Empirical Study Of The Civil Public Interest Litigation Initiated By People’s Procuratorate

After many years of judicial practice,the system of civil public interest litigation initiated by the procuratorial organs of our country has changed from the stage of exploration and establishment to the stage of establishing and perfecting.In this process,as the national legal supervision organ,the procuratorial organ abides by the principle of complementarity and the final principle,strictly fulfills its duties in the public interest litigation system in strict accordance with the law,through the pre-litigation procedure,the civil public interest proceedings formally initiated by the procuratorial organs,the criminal incidental civil public interest proceedings,and strive to maintain the public interest with the lowest cost and maximum efficiency.However,the specific provisions of the system of civil public interest litigation initiated by the procuratorial organs in judicial practice are still relatively rough,such as single source of clues,narrow scope of the case,incomplete pre-procedure details,incomplete certification system,lack of detailed provisions of criminal incidental civil public interest litigation and other issues still need to be further clarified.In terms of pre-litigation procedure,China’s current law should further clarify the scope of application and use of the prosecution proposal,adhere to the principle of limited intervention,clear the position of the procuratorate to support prosecution,and grasp the scope and scale of support prosecution.In the process of litigation,we should break through the two major areas of environmental protection and consumer infringement,expand the scope of the case,actively carry out "such as" external exploration,reasonably increase the administrative organs and other subjects as the subject of civil public interest litigation,enrich the form of civil public interest litigation and the subject of litigation.In the improvement of the system of criminal incidental civil public interest litigation,it is necessary to clarify the status of the procuratorial organ in the criminal incidental civil public interest litigation,the status of "criminal incidental civil public interest litigation plaintiff",combined with the "Internet plus" to change the responsibility of the responsibility of the apology,establish a public welfare trust system with Chinese characteristics,and clarify the object of compensation and the subject of compensation management.In the aspect of the perfection of the certification system,the principle of presumption of causality should be reasonably applied,the power space of the procuratorate to investigate and collect evidence should be clarified,and a complete system of expert participation should be established.At the sametime,the procuratorial organs should increase the input of personnel,set up special internal institutions,and enhance the work of civil public interest litigation.At present,the civil public interest litigation system initiated by the procuratorial organs of our country has successfully and smoothly passed the initial period,the existing provisions face the test of judicial practice and need further optimization,this process of critical progress is the process of the reform of the system of civil public interest litigation initiated by the procuratorial organs.