Study On The Construction Of Prosecutorial Public Interest Litigation System

In recent years,China has entered a critical period of social and economic transformation.Because of the unbalanced economic development,various social contradictions have gradually emerged.On the one hand,the administrative behavior of the government has a profound influence on all walks of life closely related to the national public interests.The administrative behavior is harmful to the public interests.On the other hand,the ecological destruction,environmental pollution and others will also damage citizens' rights and interests.However,victims are unable to get reasonable relief through traditional litigation because they are not directly interested.Although some of the previous laws stipulate that some social groups can bring civil public interest litigation,the effect o is not obvious.Therefore,the party put forward the establishment of public interest litigation system by procuratorial organs in the fourth Plenary Session of the 18 th CPC Central Committee.The Supreme People's Procuratorate has been authorized to publish a series of documents and carry out the pilot work of public interest litigation.In June 2017,the Standing Committee of the National People's Congress made the decision to amend the civil procedure law and the administrative procedure law,which marks the formal establishment of the public procuratorial public interest litigation system in China.In March 2018,the Supreme People's Court and the Supreme People's Procuratorate jointly issued the judicial interpretation,which partially perfected and refined the system framework.Although the framework has been established,there are still many problems reflected in the judicial practice.For example,the public interests are difficult to define in the judicial practice,the source of the case clue is single,the clue transformating into the formal case is not smooth,the case scope is relatively narrow.accepting the acceptance depends on the administrative means,the performance of the procuratorial proposal is lack of supervision,the role conflict of the "public interest litigation prosecutor" status still exists,the civil public interest litigation mediation procedure is too abstract,the execution supervision of the judgment and ruling is absent,the organization guarantee and the supporting machine system are not perfect and so on.These questions seem to be fine,but it actually determines whether a newly established system is operable,whether it can run effectively for a long time,and whether the intended purpose of the system can be realized.Therefore,we must comb the problems and put forward corresponding countermeasures.For example,in view of the problems appearing in the discovery stage of the case clue,we can expand the interpretation of the "performance responsibility",improve the ideological knowledge,expand the scope of the case.In the stage of litigation,we can further clarify the burden of proof,make the mediation procedure concretely,strengthen the execution supervision of the verdict of public interest litigation and so on.The procuratorial public interest litigation system is closely related to the protection of national interests and social interests,and is also closely related to the vital interests of every citizen.This paper analyzes the problems encountered in the judicial practice of public prosecutor's public interest litigation,and puts forward the corresponding measures to make the public interest litigation system more operable and more conducive to the protection of public interests.This not only responded to the nineteen big "remember mission,do not forget the beginning of the heart",but also the implementation of Xi Jinping's new thought,conforming to the trend of construction of legal system in China..