The Research On Qui Tam Actions

The qui tam action is a system that advocates the exertion of private power to combat violations of national interests and social public interests.The existing reporting system and public interest litigation system in our country have common but not completely the same with it.The qui tam action originated in England and originated in the United States.The "qui tam action" in the modern legal context mainly refers to the definition given in the 1986 United States Civil Fraud Claim Request Act.The function of qui tam action is mainly manifested in the following aspects:the reduction of law enforcement costs,the convenience of collecting illegal information,the pragmatic and efficient enforcement of public institutions and the enhancement of the deterrent effect of public law enforcement.Its main focus is on disrupting public-sector law enforcement and strategic abuse of litigation.The U.S.qui tam action started early and has been increasingly developed.The U.S.system has been widely applied to crack down on fraudulent government violations.To introduce the qui tam action into our country,we should make clear its substantive norms and procedural norms.From the incentive mechanism,restraint mechanism,protection mechanism from three aspects.Keeping the enthusiasm of informants in terms of material and spiritual rewards so that informants who know and infringe the interests of the state and the public interest in the society can actively raise litigants under the dual motive of justice and reward.In addition,Rules of procedure enable citizen oversight to play its role along a transparent and actionable process.Power needs to have boundaries,to expand the plaintiffs eligibility and reduce the hurdler's litigation does not mean litigation without any restrictions,should face the informant may appear under the high fines of the case of abuse,the establishment of pre-litigation review procedures to filter inappropriate litigation,to investigate the legal responsibility of the malicious litigants.In addition,the plaintiff should also exercise partial restraint on the disposition of the litigants,so as to prevent any private transaction between the informant and the accused and to damage the interests of the state and the public interests.The mechanism of protection against informants constitutes another important part of the system of informant litigation.The Supreme People's Procuratorate,Ministry of Public Security and Ministry of Finance jointly promulgated "Several Provisions on Protecting and Rewarding Whistleblowers of Official Crimes".(hereinafter referred to as the "Provisions"),Which explicitly stipulates the scope of the rights of persons accused of being protected and the remedies in the event of retaliation and is incorporated into the legislative process of the litigation system.In recent years,the acts of infringement on national interests and social interests have become increasingly complicated.The current public implementation mechanism and the lack of private supervision in our country make it necessary for the system of informant litigation to enter the field of litigation.In addition,the law of private implementation has flourished in all the developed countries in the world.The introduction of informant litigation system is conducive to making up for the improvement of the citizens' incentive mechanism in our country and the international implementation of the private enforcement work in our country.The public authorities in our country have a higher authority,the legalization level is increasing day by day,and the citizen's supervision right given by the constitution all make the introduction of informant litigation system feasible.In this process,we should pay strict attention to taking the leading role of the government in sue and litigation in accordance with China's national conditions and have the legislative options in phases to prevent moral hazard.