Construction Of Criminal Incidental Civil Public Interest Litigation System For Procuratorial Organs

For a long time,the procuratorial organs have been questioned in theory about the system of criminal incidental civil public interest litigation.Although there are different levels of exploration in judicial practice,in the legal system,it has been difficult to condense into effective legislative norms.Since 2014,along with the development of public interest litigation,procuratorial organs in various parts of the country have been more active in judicial practice in exploring cases of criminal incidental civil public welfare litigation,and have achieved good results.They have been recognized by legislation and allowed procuratorial organs to carry out.Criminal incidental civil public interest litigation becomes possible.Based on the construction of the system of criminal incidental civil public welfare litigation by procuratorial organs,this paper theoretically combs the subject of criminal incidental civil public welfare litigation,and summarizes the exploration of criminal incidental civil public welfare litigation conducted by procuratorial organs in judicial practice.The suggestions and opinions on the construction of civil public.interest litigation attached to criminal law in China are put forward.The full text is divided into five parts.The first part mainly introduces the concept and characteristics of the public interest litigation brought by the procuratorial organs,and points out that the public welfare lawsuit refers to the procuratorial organs accordingto the law.The civil public welfare lawsuit brought in conjunction with the public prosecution of crimes that damage the public interests of many consumers,such as destroying the ecological environment,protecting resources,and violating the legitimate rights and interests of many consumers in the field of food and drug safety.The second part mainly introduces the present situation of legislation and law enforcement of public interest litigation of criminal incidental civil interest litigation initiated by procuratorial organs in our country,and introduces the basic principles that procuratorial organs should adhere to when initiating criminal incidental civil public welfare litigation.The third part,from the concrete cases in judicial practice,summarizes the experiences and lessons of the procuratorial organs in the process of exploring the civil public interest litigation attached to criminal law.The fourth part analyzes the theoretical difficulties of bringing a civil public interest action with criminal prosecution,and points out the necessity and feasibility of constructing a criminal public interest action with criminal prosecution.The fifth part is the focus of this article,from the concept of definition,legislative cohesion and judicial cohesion several aspects of the construction of China's procuratorial organs with civil public interest litigation system arrangement.