Research On Criminal Procedure Attached With Civil Public Welfare Procedure

In the case of the public interest litigation pilot and practice feedback in full swing,criminal incidental civil public interest litigation has become the focus of the current practice of procuratorial organs.Criminal incidental civil public interest litigation is an organic combination of criminal incidental civil litigation and civil public interest litigation.It is an innovation in the cross field of criminal and civil in China,and has the value of safeguarding public interests and improving litigation efficiency.The interpretation of the Supreme People’s Procuratorate and the Supreme People’s Procuratorate on Several Issues concerning the application of law in procuratorial public interest litigation cases establishes the system of criminal incidental civil public interest litigation in the form of judicial interpretation,but it only stipulates three contents: the subject of prosecution,the scope of cases and the court of jurisdiction.The lack of current norms,the different praise and criticism in theory and the contradictory setting in judicial practice make the system controversial in specific application Through case analysis and literature research,it is found that there are some problems in the process of practice,such as confusion in the application of pre litigation announcement procedure,unclear litigation status of procuratorial organs,unclear application of mediation and confusion in the management of penalty.On the basis of sorting out the key procedural problems,this paper analyzes the causes of different problems,combined with judicial practice experience and relevant academic discussions,starting from standardizing the announcement procedure of procuratorial organs,clarifying the litigation status of procuratorial organs,improving the mediation system,improving the compensation application and management system,so as to improve the procuratorial organs’ criminal incidental civil public interest litigation system,so as to ensure the public interest Better protection.