On The Ways To Improve Juvenile Procuratorial Public Interest Litigation

Juvenile procuratorial public interest litigation is a system with practice first and theory lagging behind.In fact,some procuratorial organs have begun to attempt the public interest litigation in the field of juvenile protection,but they are stuck to the formal provisions of the law and have been in the stage of careful exploration.The newly revised The Law of the Protection of Juveniles has cleared away the institutional obstacles for minors’ procuratorial public interest litigation,making the procuratorial organs famous in handling minors’ public interest litigation.Despite the legislative support,there are still many obstacles in the specific implementation process.Take the amendment of the new law as an opportunity to improve the system.At the macro level,the theoretical context of prosecution public interest lawsuits for minors should be elucidated,the relationship between "minors" and "public interest" should be rationalized,and the theoretical basis should be supported.At the micro level,we started the analysis from the legislative status and case studies of public welfare litigation for minors,and found that the scope of cases was unclear,the source of clues was insufficient,the main responsibilities were not clear,litigation relief provisions were delayed,and the requirements for protecting the legitimate interests of minors in a timely manner could not be met.To protect minors in an all-round way,we should break the stereotype,follow the principle of maximizing the interests of children,and clarify the boundaries and responsibilities of juvenile procuratorial public interest litigation;take The Law of the Protection of Juveniles as a guide to broaden the sources of clues and the scope of cases received;optimize the allocation of procuratorial organs’ powers,fully protect the procuratorial organs’ right to investigate and verify,and strive to resolve cases in prelitigation procedures;at the same time,improve supporting measures,establish a system for implementing effect evaluation and special funds,and dock criminal procedures to consolidate the achievements in the protection of minors.Form a long-term protection mechanism.