Proof Of Criminal Prosecution Of Civil Public Interest Litigation By Procuratorate

On March 2,2018,the Interpretation of the Supreme People's Court Supreme People's Procuratorate on Several Issues Concerning the Applicable Law of Prosecutorial Public Interest Litigation Cases(hereinafter referred to as "Explanation")was issued,in this Interpretation,a new type of case--criminal incidental civil public interest litigation system has been added.This system means that in criminal cases in the fields of food and drug safety and resources and ecological protection,it is necessary to hold civil liability for the defendant's violation of the public interest of the society.The procuratorate may simultaneously file an incidental lawsuit,Save judicial resources and improve litigation efficiency.The establishment and improvement of the criminal incidental civil public interest litigation system is inseparable from the research on the difficulties and problems faced by the current procuratorate in carrying out the incidental civil public interest litigation.Because the current law does not clearly stipulate,there are various disputes in practice,and the criminal incidental civil litigation itself is very difficult,a detailed analysis of the issues related to criminal incidental civil public interest litigation can provide a reference and practice reference for the procuratorate to smoothly carry out criminal incidental civil public interest litigation in the future.This article is mainly from three aspects: First,introduce related concepts and basic connotations,It mainly expounds the historical development of criminal incidental civil public interest litigation,the difference between the criminal criminal civil litigation and the similar concept and its own significance.Secondly,the statistics and analysis of the typical criminal incidental civil public interest litigation cases on the online of the referee documents were carried out,It mainly elaborates and explains from the aspects of criminal offences,clues,level jurisdiction,pre-suit announcement procedures,case,procedure choice,civil liability commitment and appeal,Based on these cases,the paper analyzes the problems and deficiencies in the process of bringing criminal incidental civil public interest litigation.Finally,consider the status quo of criminal incidental civil public interest litigation,proposing perfect suggestions from four aspects: pre-litigation,litigation,judgment execution and litigation security,In order to enrich the theory and improve the practical activities to make some contributions.