Study On Civil Public Interest Litigation Incidental To Criminal Proceedings

Criminal incidental civil public interest proceedings is a complex proceedings system established in 2018 through Article 20 of the Interpretation of Several Issues Concerning the Application of Law in Procuratorial Public Interest proceedings Cases promulgated by the Supreme People’s Court and the Supreme People’s Procuratorate.Since criminal incidental civil public interest proceedings is an emerging system,and there is no legal norm and less institutional basis,some problems have emerged at both the theoretical and practical levels that need to be solved urgently.Through the combination of proceedings,theory and practice,it is of far reaching implications to study the problems arising in the operation of civil public interest proceedings incidental to criminal matters,so as to propose corresponding countermeasures,which is of profound significance to the continuous improvement and further development of this system.Through the following four parts,this paper studies the issue of criminal public interest proceedings and puts forward corresponding suggestions.The first part summarizes the concept of criminal incidental civil public interest proceedings,defines this system in combination with the content of relevant laws and regulations,clarifies its concept and its differences from criminal and civil public interest proceedings,summarizes its characteristics,and analyzes the functions and functions of this system,including criminal incidental civil proceedings and civil public interest proceedings,and clarifies the connotation of the system of criminal incidental civil public interest proceedings by comparing its differences.The second part elaborates on the current legislative and judicial status of criminal incidental civil public interest proceedings.Collect laws,regulations and judicial interpretations related to the system,and clarify the legislative background and legislative status.At the same time,platforms such as the Judgment Documents Network are used to collect cases related to criminal incidental civil public interest proceedings,represent the present status of practice through the judicial documents of cases,and study the geographical distribution of cases in practice,the distribution of crimes,the applicable legal basis,the pre-proceedings announcement procedure and mediation system in proceedings procedures,and the current situation of emergency disposal fees and punitive damages in the way of bearing responsibility.The third part,through the combination of theory and practice,analyzes the problems arising in the lawmaking and judicial practice of the system and the disputes in the academic community,including the following aspects: insufficient relevant legal basis,unclear scope of the case,unclear prosecution subject and defendant subject among the subject of proceedings,unclear function of the pre-proceedings announcement procedure in proceedings procedures,coexistence of incidental civil public and private interest proceedings,crude provisions on the procuratorate’s right to investigate and verify,and insufficient application in the mediation system.There is also the question of whether the defendant can be held liable for emergency disposal costs and punitive damages.The fourth part proposes corresponding and feasible solutions to the problems existing in criminal incidental civil public interest proceedings proceedings,and proposes to improve relevant laws and regulations,clarify the scope of cases to be accepted and the subject of proceedings,improve proceedings procedures by amending pre-proceedings announcement procedures,merging incidental civil public and private interest proceedings procedures,enhancing the investigation and verification power of procuratorial organs,and improving the mediation system,so as to improve proceedings.In addition,it is suggested that the defendant may be required to bear emergency disposal expenses and punitive damages in this system,so as to improve the way of bearing responsibility.