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

As a pre-litigation procedure,the pre-litigation procedure of civil public interest litigation is positioned in the public interest litigation system,and its importance is selfevident.With the promulgation of the Interpretation of Several Issues Concerning the Applicable Laws of Procuratorial Public Interest Litigation Cases in 2018(hereinafter referred to as the Judicial Interpretation of Public Interest Litigation),the pre-litigation procedure has become a new thing in the field of civil public interest litigation system in China.At present,there is no detailed research regulation on this procedure in academic circles.This paper takes the pre-litigation procedure as the foothold,further sums it up according to the relevant regulations that have already been issued and the research and discussion on the pre-litigation procedure in academic circles,analyzes the relevant legislation and specific practice of the pre-litigation procedure in combination with relevant typical cases,and finds out the disadvantages of the pre-litigation procedure in civil public interest litigation by referring to the information regulations in related fields,and then puts forward some solutions to the disadvantages,paving the way for procuratorial organs to file civil public interest litigation.First of all,this article will elaborate on the essence of the pre-litigation procedure of civil public interest litigation.Pre-litigation procedure of civil public interest litigation refers to the duties that the procuratorial organ needs to perform before deciding to file a civil public interest litigation in the court when it finds that there are acts that harm the public interest in the course of performing its duties,that is,it first informs the legally prescribed organs and social organizations that have the right to file a lawsuit by issuing an announcement,or provides assistance to the litigant.On the premise that other competent subjects have not filed a civil public interest litigation,the procuratorial organ can file a civil public interest litigation.The original intention of the pre-litigation procedure of civil public interest litigation is to relieve the pressure of prosecution by procuratorial organs,which has the functions of urging,supporting and helping other competent organs to file civil public interest litigation,and plays a role in saving judicial resources.China’s current civil procedure law clearly stipulates the pre-procedure for procuratorial organs to initiate civil public interest litigation,but there are many problems in the practical operation of this system.Therefore,it is necessary to learn from the relevant legislative experience of foreign countries and improve the public interest litigation procedure initiated by procuratorial organs,which is the objective need to ensure that citizens,legal persons or other organizations exercise their rights according to law,safeguard their legitimate rights and interests and promote the harmonious development of society.Carrying out civil public interest litigation and further deepening the understanding of the civil public interest litigation system are the responsibilities and theoretical basis of procuratorial.As the pre-requisite procedure of civil public interest litigation system,the final purpose of pre-litigation procedure is to save judicial resources.However,since the pilot work,pre-litigation procedure has not been set up as expected,but has become a procedure,and its problems have not been really solved.Therefore,we should start from the root of the problem to solve the deficiency of pre-litigation procedure in practice.In addition,the relevant provisions and design of the pre-litigation procedure of civil public interest litigation are not detailed and slightly rough,which are mainly reflected in four aspects:fewer sources of public interest litigation cases in the pre-litigation procedure,narrower application objects and scope of the pre-litigation procedure,too single supervision procedure and supporting prosecution regulations of procuratorial organs,and the connection with related procedures.If the above problems are not handled well,the implementation of the pre-litigation procedure will be difficult.Aiming at the above problems,this paper analyzes and judges related cases and data through theoretical research,aiming at making the pre-litigation procedure adapt to the actual situation,realizing the original intention of its program design,better safeguarding the public interest and maximizing its value,thus promoting the development of public interest litigation.