Research On The Disposition Power Of Procuratorial Organs In Civil Public Interest Litigation

As the "prosecutor of civil public interest litigation",the procuratorial organ should enjoy the right of disposition in civil public interest litigation.Although in the Civil Procedure Law,on the prosecution of public interest litigation cases on certain issues of the law applicable to the interpretation,the Supreme People's Court on the trial of environmental civil public interest litigation cases on certain questions of the law,the Supreme People's Court on the trial of consumer civil public interest litigation cases on certain issues of the law of interpretation" and other laws and judicial interpretations are involved.However,the relevant legal provisions on the disposition power of the procuratorial organs in civil public interest litigation are only principled provisions and lack specific implementation rules.In judicial practice,there are also problems such as confusion of litigation relations and inflexibility of regulations leading to inefficiency of litigation,and there is also a shortage of research on the disposition power of civil public interest litigation prosecution organs.However,how to regulate the judicial power of civil public interest litigation prosecution is related to the maintenance of national interests and public interests,which is the core issue that should be involved in the study of civil public interest litigation system.This paper will analyze the problems existing in the exercise of the judicial power of civil public interest litigation in China through the methods of literature analysis,comparative analysis and empirical analysis,with a view to perfecting the normative path of the procuratorial organ's disposition power.To perfect the normative path of the judicial power of the procuratorial organ of civil public interest litigation,we need to make a comprehensive understanding of the concept,characteristics and concrete forms of the judicial organ of civil public interest litigation.Secondly,through the existing legal framework and judicial practice,the relevant provisions and typical cases of the procuratorial organs of civil public interest litigation are analyzed,and the shortcomings of the existing legalprovisions and judicial practice are summarized.On the basis of discovering the problems,based on the principle of regulation of the procuratorial organ's disposition power in civil public interest litigation,the reasonable regulation of the procuratorial organ's disposition power is realized in the trinity of pre-litigation,in-and-after litigation.Through all-round and multi-angle discussion of the procuratorial organ's disposition power in civil public interest litigation,we can perfect the regulation of the procuratorial organ's disposition power in civil public interest litigation,and realize the optimal protection of the national interest and the public interest.