Preliminary Practice And System Construction Of Public Interest Litigation Instituted By Procuratorial Organs

In the present domestic judicial practice,that procuratorial organs file public interest litigation is a new phenomenon,which still remains to be actively explored no matter in the top-level design or in the field of basic practice.Since the fourth plenary session of 18 th CPC Central Committee at the policy level clearly put forward the idea of the procuratorial organs as the implementation authority of public interest litigation,13 provinces in China began to pilot at the same time.The number of cases of public interest litigation filed by pilot units keeps increasing,which has a considerable social influence.From July 2015 to January 2017,the number of cases of public interest litigation brought by the procuratorates is 526,among which 46 were concluded.So the study of preliminary practice and system construction of public interest litigation instituted by procuratorial organs has practical significance.Namely,through the collection,interpretation and analysis of related cases of preliminary practice and the present situation of the applicable regulatory documents since pilot,by regarding the references and problems reflected in the process of the pilot implementation as the breakthrough point,theory study is conducted to perfect the system construction of procuratorate's instituting public interest litigation,so as to provide better guidance on its practice.This thesis can be divided into three parts:The first part is about the general theory of the procuratorial organs' instituting public interest litigation.It mainly includes the analysis of related concepts,the elaboration of institutional foundation and demonstration of its legitimacy of procuratorial organs' instituting public interest litigation.The second part presents the preliminary practice of procuratorial organs' instituting public interest litigation.It mainly intends to understand the general situation of preliminary practice of public interest litigation raised by procuratorial organs in 13 pilot provinces.And by combining with the typical cases and the applicable regulatory documents since the pilot,this part gives an overall analysis of experience worthy of learning and problems reflected in procuratorial organs' instituting public interest litigation.The last part intends to explore the system construction of procuratorate's instituting public interest litigation,combining its institutional foundation and preliminary practice in pilot areas.It includes: Define legislative subject qualification;Establish a multi-channel clues collection mechanism of public interest litigation;Standardize the scope of cases;Build procedures before prosecuting;Regulate evidence investigation and allocate burden of proof;Design rules of litigation costs;Establish a sound supervision mechanism,etc.