Study On The Civil Public Interest Litigation System Initiated By Procuratorial Organ

30 years of reform and development,China's rapid economic development,economic development and environmental degradation has become increasingly prominent contradiction,food and drug safety violations of the legitimate rights and interests of consumers frequent events,due to the existing subject can not fully maintain the public interest,such as the failure of administrative authorities In the context of this,July 1,2015,the National People's Congress Standing Committee authorized the highest seized in the case of civil society,the lack of resources and other issues,resulting in the public interest is damaged without the main body to pursue the responsibility of the perpetrators,in this context,13 pilot provinces to carry out prosecution agencies to initiate public interest litigation pilot.The pilot isdivided into civil public interest litigation and administrative public interest litigation,this article only from the prosecution filed a civil action point of view,by summing up the case,put forward the pilot to implement more than a year to expose the problems and give their own recommendations.Since there are a lot of controversy in the academic circles in the field of civil litigation procuratorial organs(including legal basis,litigation status,litigation mediation and reconciliation,etc.),this paper elaborates the procuratorial organs have the legal basis,legal basis and practical basis,as the subject of litigation is legitimate,during the pilot released documents for the a hot issue of the academic controversy has also given a certain degree of response,thus civil public prosecution is in according to the law.As of September 30,2016,the civil public prosecution case has filed a total of 13,the pilot in the practical case to provide a reference for future legislation,because of the small number of cases and each case is very valuable,the author adopted completely in the form of lists,the chart will summarize 13 cases the case analysis,summarizes the situation of the implementation of the pilot.The procedure before litigation is one of the highlights of this experiment,which guarantees the status of the final protection of the procuratorial organs.At the same time,because of the existence of this procedure,it also stimulates the enthusiasm of social organizations to participate in civil proceedings.The pilot has been carried out so far,the achievements are obvious to all,but the prosecution of civil public interest litigation is also facing more and more prominent difficulties.By analyzing the status quo,you can see the current problems highlighted in four aspects:First,the clue problem.Focus on the performance of the clue channel is too narrow lead to too many types of cases and the "old case" to prosecute the problem;the second is the pre-litigation process.As the procuratorial organs to mention the civil public interest litigation procedures,the original significance,but because the legal provisions of the statement is too vague,resulting in the subject is difficult to find the main body,in addition to the specific procedures for the implementation of the lack of clear provisions,Whether the program has been fully fulfilled;third is the prosecution of their own problems.Although the prosecution has obvious advantages,but taking into account the prosecution's own staffing and funding and other issues,in the face of the large number of cases of damage to the status quo,the prosecution is also lack of confidence;Fourth,the rules are imperfect rules.The pilot has been in progress for a year and a half,but some procedural issues remain unclear,such as the initiation of civil public interest litigation standards,the limitation of litigation and the commitment of litigation results do not have a relatively uniform provision.The existence of these problems will inevitably affect the pilot to carry out,and then affect the realization of the pilot purpose.Therefore,the author of these problems on the existence of targeted recommendations.To improve the clue to solve the clue problem by strengthening the clue transfer,strengthen the external linkage,accept the accusation and the way of reporting,expand the clue channel to solve the clue problem;perfect the pre-litigation procedure,clear the scope of the subject and establish the corresponding pre-trial procedure system to ensure the pre-A variety of ways to resolve the prosecution agencies face litigation pressure,and actively improve the corresponding institutional mechanisms for the pilot escort.Many of the problems in practice,the root cause is due to the legislative work lag,so eventually to implement the legislative perfection.