Research On The Criminal Collateral Civil Public Interest Litigation

It has been seven years since the public interest litigation pilot began in 2015.With the development of time,procuratorial organs have achieved relatively excellent results in the practice of filing public interest litigation,and the value of the system has begun to appear.However,at the same time,we have also noticed that there are many problems and difficulties in practice.As a type of public interest litigation,criminal collateral civil public interest litigation presents the following characteristics: large number of cases,rapid growth,high proportion of public interest litigation;Food and drug cases and environmental and resource protection accounted for a high proportion of cases,and new areas are being actively explored.Criminal collateral civil public interest litigation is not only different from the public welfare criminal incidental civil litigation stipulated in the second paragraph of Article 101 of the Criminal Procedure Law,but also different from the common civil public interest litigation.It has its own uniqueness in case coverage,litigation purpose,litigation request and prosecutor’s identity positioning.Through searching,the author found that there is a lack of theoretical research in comparison with the widespread application in practice.At present,the only legal norms that can be directly invoked for criminal collateral civil public interest litigation are the interpretation of several issues on the application of the law to procuratorial public interest litigation cases by Supreme People’s Procuratorate and The Supreme Court and the approval of whether the people’s Procuratorate should perform the procedure of pre-announcement when it brings criminal collateral civil public interest litigation.On the practical level,due to the lack of corresponding operational guidelines,there are inconsistent practices in various aspects such as prelitigation procedure,trial in litigation and post-litigation execution in various regions,which need to be standardized and unified.Based on the problems arising from the operation of this system in practice,this paper analyzes and makes suggestions on the theoretical issues and practical dilemmas involved in it,mainly from the perspective of procedural law.It is divided into the following aspects in terms of main content.The first part of the article deals with some fundamental issues of this system.The article starts from the emergence of the system,defines the social welfare it protects,and clarifies the object and scope of the study;through the development of the system,it compares the reasons for its emergence and the development path in China;by comparing two other similar types of lawsuits,the uniqueness of this system is demonstrated,and its value and functions are summarized to build up the macro structure and prerequisites of the system.The second part of the article is to summarize and conclude the actual situation in China.On the one hand,through a large number of collection of relevant cases in practice,research and analysis are conducted to arrive at an overview of the overall situation of China’s practice.At the same time,the collected cases are categorized to understand some common or different practices of the procuratorial organs in practice.This part is mainly analyzed through judicial data,forming a visual chart showing the current state of justice in China.On the other hand,through the process of summarizing the cases,we collect the highlights of the practice around the country to discover the vitality of the system in operation and the innovation in practice.The focus here is on the distillation of the practical achievements of various places,summarizing the relevant elements worthy of promotion and adherence in order to produce reference or guidance for other cases.The third part of the article focuses on the classification of the problems identified in the case study and specifically analyze the theoretical problems and contradictory disputes.Specifically,the problems in practice are mainly related to the five aspects of filing standards,pre-litigation procedures,jurisdiction and trial,rules of evidence and liability.Many of the problems in practice can be attributed to the imperfect design of the system,so the discussion of each part in the article also contains the theory and practice these two levels of analysis.The fourth part of the paper focuses on countermeasures to the problems raised in the previous section.The dilemma and problems arising in practice need to be targeted to be solved is the footing of this paper.This part of the proposal involves pre-litigation to litigation and then to the implementation of the three stages,in accordance with the order of process advancement,supplemented by the subject classification,with the hope of improving the system.