Research On Juvenile Procuratorial Public Interest Litigation System

The enforcement of Law of the People’s Republic of China on Protection of Minors has empowered the procurator to take legal actions for the protection of minors and legislatively put minors under the protection the procurator-led public interest litigation system,which made an encouraging response to the calls for protection of minors and exploited a new pathway to safeguard their lawful rights and interests.However,there are still some problems in practice.This article aims to provide insight and solutions into the operational problems of the procurator-led public interest litigation system by investigating and analyzing relevant cases.Besides the introduction,there are following five sections in this article:The first section explores the concept and characteristics of public interest litigation for the protection of minors.By understanding the connotations of public interest litigation for the protection of minors from the perspectives of minors,public interests,and public interest litigation,and excluding changes in the guardianship relationship of minors,therefore the scope of public interest litigation for the protection of minors is anchored.Based on the three fundamental theories of state paternalism,best interest of child and legal supervision,the characteristics of the special protection object,the broad protection scope,and the posteriority of public interest litigation for the protection of minors are determined,thus the value of the system in supervising the fulfillment of protection responsibilities and defining the scope of public interest is subsequently determined.The second section exams the operational state of the system through identifying the statue quo of legislation and judiciary,analyzing representative cases,and depicting the actual state of the system operation.In particular cases,the procurator has a strong proactive ability and a high frequency of multi-departmental cooperation in microcosmic,and the characteristics of rapid expansion of protection scope and high number of closed cases in macroscopic.Furthermore,it also reflects the difficult situation in the current system where the executive entities are inefficiency and litigation process is idle.The third section investigates the root cause of this situation.The reason for inefficiency of the executive entities lies in the lack of communication between the the procuratorial authorities and executive entities,thus procuratorial authorities is unable to respond to the needs of executive entities,and there is a lack of collaborative mechanisms within executive entities,resulting in delayed governance.It is difficult to identify the legality and rationality of the prosecution process due to the lack of coercive investigation and verification methods by the prosecution,and the obstruction of investigation and evidence collection work,which causes concern for the rightness of the prosecution and results in few cases being filed.The fourth section proposes solutions to the deficiencies in the system.To address the issue of inefficient executive performance,the concept of responsive governance can be introduced to establish communication and cooperation mechanisms between the procuratorial authorities and executive entity,as well as among executive entity.In response to the difficulty in procuratorial prosecution,it is necessary to strengthen the coercive power of investigation and verification means for evidence acquisition,clarify the criteria of register,in order to effectively simplify the procuratorial prosecution.The conclusion section summarizes this article,and provides outlook of the procuratorial authorities in the aspect of future public interest litigation system.The procuratorial authorities should proactively take actions in response to the needs of the executive entities,and also pay attention to the protection of minors,in order to better interpreting the scope of interest for minors through litigation.