Research On The Public Interest Litigation Of Juvenile Procuratorate

As society continues to change,minors are growing up in an increasingly complex environment and the risks they face are becoming more diverse.The previous methods of protecting the rights and interests of individuals are no longer sufficient to deal with the various types of violations that minors face in a risk society.As minors are not yet mature physically and mentally,they are vulnerable and have difficulty speaking out in the face of violate,in this context,it is particularly necessary to create a collective interest litigation mechanism to protect the public interest of an unspecified majority of minors.Article 106 of the new Law on the Protection of Minors,which came into force on 1 June 2021,gives the procuratorial authorities the right to initiate public interest litigation against minors,providing a clear legal basis for them to remedy their rights and interests and safeguard the public interest.As procuratorial public interest litigation against minors is different from general public interest litigation,it is a creative development of public interest litigation brought by the procuratorial authorities,so after an in-depth analysis of its concept and characteristics,it is necessary to explore its theoretical basis,in order to clarify the value function brought by procuratorial public interest litigation against minors.From the current situation of procuratorial public interest litigation for minors,although the system of procuratorial public interest litigation for minors is developing,it still falls short of the expected goal,mainly in five aspects: the first is the ambiguity of the scope of cases due to the lack of clarity of existing legal provisions;the second is the more limited sources of leads;the third is the difficulty in carrying out investigation and verification;the fourth is the inadequate design of pre-litigation procedures;and the fifth is the construction of the juvenile prosecution team is not complete.The above problems have to a certain extent restricted the development of the procuratorial public interest litigation system for minors.Therefore,in order to solve the above problems,we can start from five aspects,such as clarifying the scope of procuratorial public interest litigation for minors,constructing a multi-dimensional case discovery mechanism,optimizing the investigation and verification power of procuratorial authorities,improving the specific design of pre-litigation procedures,and promoting the development of a juvenile prosecution team,to improve the construction of the procuratorial public interest litigation system for minors and play a greater role in the comprehensive protection of minors.