Research On The Civil Public Interest Litigation System Of The Procuratorial Organ

Procuratorial organs filed civil public interest litigation system,experienced the germination of civil procedure law,the resolution of the fourth Plenary Session of the 18th CPC Central Committee,finally authorized by the NPC Standing Committee,and gradually established.Prosecutors along the way,has accumulated some experience,there are still some deficiencies.At present,there are still some disputes on the theoretical basis,the qualification of the plaintiff,the identification of the procuratorial organ and the burden of proof.In this paper,the theory of procedural trust,the legal supervision of prosecution and litigation rights conflict,prosecution principle,procedure before litigation,appeal and protest,the right of disposition,the scope of the case,litigation status,counterclaim rights,prosecution discretion,right of investigation and the distribution of burden of proof and other issues are discussed in detail finally,it studies the new cases,and points out that the civil public prosecution problems still exist.The article is divided into three parts:The first part of the "civil public prosecution theory",preliminary defines the concept of public interest litigation,discusses the benefit of litigation,litigation trust and litigation and civil public prosecution of procuratorial organs,the theoretical basis of the dual identity of conflict.The second part is the analysis of current judicial interpretation of civil public interest litigation and pilot approach,in-depth analysis of the principle of prosecution,litigation procedure,the civil public prosecution of the punishment,limitation,litigation costs,jurisdiction and differences exist about the prosecution appeal or anti litigation,prosecution status,the burden of proof prosecution authorities and judicial organs.The third part "the procuratorial organ as the judicial practice of plaintiff in civil public interest litigation,civil public interest case analysis and interpretation of Jiangsu Province,Changzhou city procuratorate of Jiangsu province and Xuzhou city procuratorate sued,finally pointed out that the procuratorial organ shortage of civil litigation and suggestions.