| Under the background of the rule of law Zhejiang and the modernization of provincial governance,this paper discusses the necessary and possible problems of public interest litigation system in procuratorial organs as the main body.Based on the practice of public interest litigation in Zhejiang procuratorial organs,this paper uses the public interest theory of public management,spillover effect and other concepts and analysis framework to logically demonstrate the necessity and possibility of public interest litigation as a system to safeguard public interest.Then,taking the public interest litigation of Zhejiang procuratorial organs as the analysis object,this paper describes the development process and practice field of public interest litigation in detail,and deeply analyzes the problems existing in public interest litigation of procuratorial organs in Zhejiang Province.Finally,suggestions on how to perfect public interest litigation by procuratorial organs are put forward.The author thinks that the public interest is easy to be ignored and destroyed because of its publicity.Therefore,it needs a personalized maintenance mechanism.The public interest litigation system in the procuratorial organs as the main form of activities is an effective system based on practical needs and innovation.Public interest litigation in Zhejiang Province as the main body of procuratorial organs to carry out early,has made more significant achievements,but also accumulated some preliminary experience.The practice of public interest litigation system in Zhejiang Province has fully verified the hypothesis and prediction of this paper,that is,public interest litigation is the best mechanism to protect public interests in line with China’s current national conditions.Certainly,public interest litigation is a new system,which is still in the exploratory stage.There are also some defects in the design of public interest litigation system in judicial practice,such as the single source of litigation clues,the narrow scope of accepting cases,the weak pre-litigation procuratorial suggestions,the unclear burden of proof,and the lag of post-litigation repair mechanism.In view of these problems or deficiencies,this paper puts forward some suggestions on institutional construction,such as increasing the access to clues,strengthening the rigidity of procuratorial suggestions,expanding the scope of public interest protection,clarifying the burden of proof in law,the implementation of public interest litigation and the implementation of intelligent prosecution.It is hoped that procuratorial organs can make improvements in filing public interest lawsuits and protect public interests,so as to better protect public interests. |
