| The adjustment and protection of public interests need the attention and maintenance of both state and social forces.In the cause of public welfare protection,procuratorial organs represent the state power,while social organizations represent the social power.The system of procuratorial organs supporting prosecution in civil public interest litigation sets up a public interest communication bridge for the two sides,which can stimulate the vitality of social organizations to participate in social governance,and enable the procuratorial organs and social organizations to form a positive interactive relationship of mutual support,cooperation and supervision.However,the system is still relatively young,there are still many problems in judicial practice,supporting measures are not strict and complete,which seriously affects the function of the system.At present,the number and scale of social organizations are small and the requirements for prosecution are high.Public interest litigation for environmental protection and consumer rights protection accounted for the vast majority of civil public interest litigation cases supported by procuratorial organs,and the scope of support was too narrow.In addition,there is a dispute over the litigation status of the procuratorial organ in supporting the prosecution,which also leads to unclear rights and obligations.The procuratorial organs lack a complete and detailed set of procedural rules for the support process of public interest litigation,including single source of clues,starting method and participation stage,etc.The procedure of connecting the procuratorial organs’ support for the prosecution of social organizations with their own civil public interest litigation is also not standardized in operation.The improvement of the system should be carried out from the following five aspects: First,the scope of support for prosecution should be expanded so that the scope of prosecutorial support for prosecution by social organizations should be consistent with,or even exceed,the scope of civil public interest litigation brought by the procuratorial organs.The role of social organizations as the "main force" in public interest protection should be affirmed,and the role of procuratorial organs as the secondary echelon should be formed to form a new model of social governance.Secondly,the procuratorial organ plays the role of litigation assistance by playing the function of legal supervision,clarifying the litigation status of the procuratorial organ as the "supporting litigation organ",which can support both the first instance procedure and the second instance procedure,and improving the corresponding rights and obligations undertaken at each stage.Thirdly,expand the power of social organizations,relax the access qualifications of social organizations and strengthen the capacity building of social organizations,so as to activate the internal motivation of social organizations.Then,a complete set of implementation procedures should be formulated,the mechanism for finding clues supporting prosecution cases should be improved,channels should be expanded,and public participation should be advocated.According to the different sources of the case,the procuratorial organ can support the initiation of the prosecution procedure in two ways,one is based on the application,the other is based on the authority.Finally,standardize the subject of announcement and expand the scope of announcement to standardize the joint procedure of procuratorial organs supporting prosecution and bringing civil public interest litigation.Improving the system of procuratorial organs supporting prosecution in civil public interest litigation is conducive to the development of both procuratorial organs and social organizations,the construction of a new pattern of social governance,and the improvement of public interest litigation system. |
