Research On Civil Public Prosecution Power Of Procuratorial Organs In China

In contemporary society,in addition to the pursuit of personal interests,the protection of public interests has received more and more attention from people.The protection of public interests has become one of the symbols of the modernization and democratization of a country's laws.Giving the office of the public prosecutor the power to institute civil public procedure and putting forward the power to institute civil public procedure to safeguard public interests by the office of the public prosecutor has long been the practice of all countries in the world.China amended the Civil Procedure Law for the first time in 2012 to stipulate public interest litigation,but the provisions are relatively simple,which the provisions on the subject of indictment are rather vague and fail to achieve the desired results in practice.For many years,both theoretical departments and practical departments have sought the effective methods to protect the public interest.The office of the public prosecutor has always been regarded as the proper subject for safeguarding the public interest,as the guardian of the national legal supervisory authority,national interests and social charities.In order to explore effective ways to safeguard national interests and social public interests,in July 2015,the office of the public prosecutor began a two-year public welfare procedure pilot project based on the "The office of the public prosecutor Proposed Public Welfare Procedure Pilot Project".As the pilot work of the office of the public prosecutor was completed in 2017,at the same time,the Civil Procedure Law was revised again,which this revision incorporated the office of the public prosecutor as a"substitute subject" in the public welfare litigation and made provisions for supporting the prosecution.The successful completion of the pilot work and the smooth progress of the legislative work have played a good role in promoting the participation of office of the public prosecutor in civil public welfare procedure.The office of the public prosecutor have achieved good results in practice of safeguarding national interests and public interests.For a long time,the right of prosecution of the office of the public prosecutor in Chain was usually used to specifically refer to the power of criminal prosecution filed by the office of the public prosecutor,and the right of civil prosecution has long been in a state of absence.Giving the office of the public prosecutor the right of civil public prosecution is of great significance to improving the connotation of procuratorial powers,while the office of the public prosecutor exercising the right of civil prosecution is a manifestation of performing legal supervision functions.The severity and restraint of the criminal law lead to en excessively high threshold for the application of the criminal public prosecution rights,which makes it difficult to obtain comprehensive protection of the public interest.The office of the public prosecutor completes the prosecution of the illegal act by exercising the right of civil public prosecution,which it is the maintenance of public interest and social justice.Moreover,with the development of the theory of the right of civil public prosecution and the expansion of the public domain,it also provides a sufficient theoretical basis for civil public welfare procedure brought by the office of the public prosecutor.In addition,the natural neutrality of the office of the public prosecutor is a powerful guarantee for the fair conduct of lawsuits,and its public power outerwear provides strong protection for litigation.The role of the office of the public prosecutor in civil public welfare procedure cannot be replaced by other subjects.Of course,the operation of power must be restricted,and the exercise of the right of civil public prosecution should follow its principles and carry out the protect of public interests within a certain scope.