Study On The Issues Of The Prosecution Organ's Pre-litiggation Procedures For Submitting Civil Public Interest Litigation

As China's national economic strength has increased,people's material lives have been greatly changed,making people have a great change in the spirit of the pursuit.At this stage,people are not only concerned with the basic material needs of food,clothing,housing and transportation,but also have a more urgent desire for a good living environment.In recent years,haze problems in the environment and melamine problems in food have greatly stimulated people's nerves for the environment they live in.Public welfare has become a state of protection.Taking the revision of the "Civil Procedure Law" in 2012 as a symbol,the system of public interest litigation came into being.In order to better protect the public interest,accelerate the pace of public welfare protection and increase the intensity of public welfare protection,the law was revised again in 2017,and the procuratorial agency filed a public interest litigation system.Before a procuratorial agency brings such a lawsuit,it must go through the pre-litigation procedure,respect the priority of other competent body suiting rights,and ensure that its litigation rights can be fully utilized.The pre-proceeding procedure as a prosecutor's prepositional procedure for public welfare cases to apply in accordance with the law has played a pivotal role in the public interest litigation.However,in the effect of pre-litigation procedures,the participation of such entities in social organizations is not high,which will greatly affect the effect of pre-litigation procedures.At present,the law has made simple provisions on the content of the pre-litigation procedure.The lack of detailed content will lead to the pre-litigation procedure not being well applied in real cases.There are some details of conflicts between the pre-procedure proceedings and follow-up lawsuits of other subjects,which will also affect the maximization of public welfare protection.This article will start with the concept,characteristics and setting purposes of the pre-proceeding procedure;analyze the background and operational status of the pre-litigation procedure;explore relevant issues arising from the current pre-proceeding procedure of the civil public interest litigation;The subject' s high barriers to entry and its own inadequacies,the principle content of the pre-action proceedings cannot be fully realized in practice,and the problems brought about by some of the conflicts arising from its follow-up procedures are studied;Establish incentive mechanisms for civil public interest litigation,flexibly adjust and refine some of the contents of the pre-trial proceedings,regulate the coordination of relevant departments,and clarify the four aspects of the corresponding responsibilities of public interest litigation participants so that the operation of the pre-action proceedings can be more in line with the current situation.The public welfare environment can better bring into full play the function of the pre-proceeding procedure,realize the original purpose of public welfare protection,and accelerate the continuous development of public interest litigation.