Research On The Pre-litigation Procedure Of Civil Public Interest Litigation Of Minor Sued By Procuratorial Organs

With the continuous development of the procuratorial public interest litigation system,the scope of procuratorial public interest litigation from the original ecological environment protection,food and drug safety and other traditional areas expanded to many new areas.In recent years,personal information leakage of minors,campus security,Internet addiction and other risks and hidden dangers that endanger the healthy growth of minors are increasing,causing widespread concern in the whole society.Article 106 of the Law on the Protection of Minors revised in 2020 clearly qualifies procuratorial organs from the legislative level to initiate public interest prosecutorial litigation of minors,which provides a clear legal basis for them to actively carry out public interest litigation of minors and safeguard their rights and interests.At this point,the civil public interest litigation of minor sued by procuratorial organs from "actively exploration" into "statutory duty".As an integral part of the civil public interest litigation of minor sued by procuratorial organs,the pre-litigation procedure plays an important role in promoting the civil public interest litigation of minor sued by procuratorial organs and actively safeguarding the public interests of minors.Because the civil public interest litigation of minor sued by procuratorial organs in China is in the initial stage of the initial construction,the construction of the pre-litigation procedure system is not perfect,facing many problems in practice.Through the specific analysis of legal norms and practice,it is found that there are the following deficiencies:First,the scope of the case is vague.According to the Law on the Protection of Minors,"if it involves the public interest,the procuratorial organ may initiate a lawsuit",but the specific scope of the case is not clearly specified,which results in the lack of legal basis for the scope of the case concerning the public interest litigation of minors.Second,the source of clues is relatively narrow.In practice,the case clues of juvenile public interest litigation mainly come from the special procuratorial organs and criminal cases handled by procuratorial organs.Third,the applicable object of pre-litigation procedure is not clear.The applicable objects of pre-litigation procedure are "legally prescribed organs" and "relevant organizations".However,when it comes to minors’ public interest litigation,the "legally prescribed organs" and "relevant organizations" have no clear direction according to the existing legal norms.Fourth,there is a single way of performance.Public announcement is the only way to perform the pre-litigation procedure in current civil public interest litigation,which is difficult to stimulate the enthusiasm of relevant subjects to protect the legitimate rights and interests of minors.Fifth,the reply period is unreasonable.Failed to consider the particularity of juvenile public interest litigation cases to set the reply period.In view of the existing deficiencies,the following aspects should be improved:First,the scope of the civil public interest litigation sued by procuratorial organs should be clarified by defining the judgment standard of "public interest" at the theoretical level and defining the scope of the case at the legislative level.The second is to expand the source of clues by building a platform for case clues and information sharing and implementing the liaison system of juvenile procuratorial public interest litigation.The third is to grant the Commission for the Protection of Minors,the Women and children’s Working Committee and the civil affairs department of the minor public interest litigation plaintiff qualification to make the applicable objects of the pre-litigation procedure clear.Fourthly,take notice or written supervision or suggestion,use network platform to perform the pre-lawsuit procedure,enrich the way of performing the pre-litigation procedure.Fifth,different reply periods are set according to ordinary,urgent and major difficult cases.