Research On The Investigation And Verification Power Of Procuratorial Organs In Civil Public Interest Litigation

The public interest litigation system is an important innovation of the judicial system to improve the national governance system and an important functional means to safeguard the public interest of the society,while the investigation and verification power is an important guarantee to determine the success or failure of the public interest litigation.From the pilot public interest litigation to its full-scale implementation,the existing laws and regulations provide for the investigation and verification rights of the procuratorial organs in civil public interest litigation,but the nature of the investigation and verification rights of the procuratorial organs in civil public interest litigation and the resulting means and methods of investigation and the guarantee of investigation have been controversial in the theoretical circles,The problems of the investigation and verification of civil public interest litigation are also increasingly restricting the development of civil public interest litigation.In order to study the right of investigation and verification of civil public interest litigation,it is necessary to clearly define its nature,because different definitions of its nature will lead to completely different ideas on the path of its improvement.This paper consists of four main parts.The first part discusses the basic theory of the procuratorial authority to investigate and verify in civil public interest litigation,including a discussion of the source of the procuratorial authority to investigate and verify in civil public interest litigation,i.e.,whether the authority to investigate and verify is derived from the procuratorial authority’s supervisory authority or from the public interest litigation authority,and reaches the basic conclusion that the procuratorial authority to investigate and verify in civil public interest litigation is derived from the public interest litigation authority.Further analyzes the nature of the source of procuratorial investigation and verification power in civil public interest litigation-procuratorial civil public interest litigation power,and introduces the theory of state litigation power to explore the nature of procuratorial civil public interest litigation investigation and verification power.The second part analyzes the current situation of procuratorial investigation and verification power in civil public interest litigation,including the current legislative status and judicial status.The third part analyzes the existing problems of the right of investigation and verification based on its current status and nature,including the lack of compulsory power in civil public interest litigation,the lack of specific procedural regulations for the exercise of investigation and verification power,and the unclear division of the stage of investigation and verification power.The fourth part of the report mainly focuses on the above problems and puts forward corresponding suggestions for improvement,including enhancing the compulsory power of investigation and verification,refining the procedures of investigation and verification,and clarifying the scope of investigation and proof standards for different stages of investigation and verification,so that the exercise of investigation and verification in civil public interest litigation is consistent with the principles of civil litigation,reflects the operation rules of procuratorial authority,and better reflects procedural justice and achieves the goal of safeguarding public interest.The goal of maintaining public interest can be achieved.