Research On The Problems And Countermeasures In The Practice Of Procuratorial Public Interest Litigation

The rapid economic development will inevitably be accompanied by the emergence of some negative problems,such as environmental pollution,destruction of natural resources,food and drug safety,etc.especially as our society enters a critical period of transformation,various social contradictions become prominent,and these problems become even more pronounced.In order to be prominent,it has seriously damaged the public interests of society and caused great harm to the physical and mental health of citizens.The public strongly urged the protection of their legitimate rights and interests and resolutely cracked down on such acts.In order to respond to the public’s appeals and effectively protect public interests from illegal infringements,my country has begun to explore a system of public interest litigation initiated by procuratorial organs to protect public interests.The public interest litigation system initiated by procuratorial organs was officially put on the agenda at the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China.This plenary session proposed to explore the establishment of a public interest litigation system initiated by procuratorial organs in my country.The procuratorial organs represent the country and file lawsuits against these illegal actors and administrative organs that illegally damage the public welfare.This is a major institutional innovation in the process of judicial reform in my country.Since the trial in 13 regions including Beijing in 2015,the procuratorial public interest litigation system has been practiced in China for 5 years,and it has played an important role in maintaining social harmony and protecting social welfare.The system of "public interest litigation" was first used in its judicial practice in western countries;my country ’s procuratorial public interest litigation is a system innovation with Chinese characteristics.This article elaborates on the unique meaning and characteristics of the procuratorial public interest litigation system,as well as the necessity and rationality of establishing such a system in our country under the background of comprehensively promoting the rule of law.The article analyzes the current situation of public interest litigation work in my country and finds that although my country’s public interest litigation work has made great achievements in the past few years,due to the late start and the complexity of public interest litigation cases,there are still existing in judicial practice.There are problems and difficulties such as the single source of clues in the case,the procuratorial organs facing many obstacles in investigating and collecting evidence,the defects of the jurisdiction system,the insufficient rigidity of pre-litigation procedures,the uneven distribution of burden of proof,and the lack of enforcement supervision.Therefore,on the basis of researching the public interest litigation systems of the common law system and the civil law system of the relevant countries,combining with the specific reality of our country,the author proposes to formulate a special law for public interest litigation to expand the scope of cases from the legislative and judicial aspects.,Broaden the channels for finding clues,strengthen the rigidity of investigation and collection of evidence,rationally allocate the burden of proof,strengthen supervision of judgment enforcement,etc.Suggestions on improving and developing China’s procuratorial public interest litigation system,with a view to protecting social public interests and maintaining social fairness and justice Play a bigger role.