Problems And Countermeasures Of Public Interest Litigation By Procuratorial Organs In Baishan Area

Since the procuratorial organ assumed the main qualification of plaintiff in the public interest litigation,the procuratorial organs of our country have made good achievements in the fields of environmental protection,food and medicine,land transfer,state-owned resources and so on.At the same time,the procuratorial organs in Baishan area of Jilin Province also made a breakthrough by bringing the first case of civil public interest litigation attached to administration in the country and being brought into the guidance case by the Supreme people's Procuratorate.Through the investigation and research of the procuratorial organs in Baishan area since the public interest litigation has been carried out for the past three years,it is found that the main body of the public interest litigation is few,the allocation of resources is insufficient,the effect of rectification is not good,and the court applies the model of discretionary power.At the same time,it is found that procuratorial organs will encounter problems such as single source of clues,supervision,incomplete mechanism of investigation and identification when dealing with cases of public interest litigation.The main reasons include subjective and objective,for example,the subjective consciousness of litigation subject is not strong,the initiative of case clue is limited,the degree of specialization is not high,the legal system is absent,and so on.Therefore,according to the characteristics of Baishan area,the author puts forward that the subjective consciousness of maintaining public interest should be improved and strengthened,the communication and cooperation between departments should be strengthened,and the construction of public interest litigation mechanism should be improved objectively.Scientific and reasonable allocation of resources and other suggestions.The concrete content of this article can be divided into five parts:The first part is the introduction of this article.This paper discusses the purpose and significance of the investigation and study of the public interest litigation in the procuratorial organs of the white mountain area,expounds the present situation of the research on the development of public interest litigation at home and abroad,and further introduces the research scope,the research method and the innovation point of the research.The general outline and the bedding are made for the post-writing.The second part introduces the general theory of public interest litigation.Starting with the basic connotation of public interest litigation,this paper introduces the meaning,type and characteristics of public interest litigation respectively.At the same time,it combs out some controversial problems existing in the current public interest litigation system of procuratorial organs,and lists the legal evolution of procuratorial organs participating in public interest litigation one by one,and finally generalizes the significance of prosecutorial organs bringing public interest litigation.The third part analyzes the situation of procuratorial organs participating in public interest litigation in Baishan area.The author uses the investigation analysis method,the empirical analysis method and so on to carry on the systematic investigation and analysis to the public interest litigation cases of the procuratorial organs in Baishan area.This paper summarizes the general trend of the trial work and the general situation and basic characteristics of the grass-roots procuratorial system participating in the public interest litigation in Baishan City.At the same time,the author finds out some practical problems existing in the process of participating in public interest litigation activities in Baishan district,such as the small number of public interest litigation subjects,inadequate allocation,poor effect of rectification and reform,the wide range of discretion applied by the court,and so on.The fourth part analyzes the problems encountered by the procurator-ial organs in Baishan district in the process of participating in the judicial practice of public interest litigation.It mainly includes:the subjective consciousness of litigation subject is not strong,the initiative of case clue is limited,the degree of specialization is not high,the legal system is absent,and so on.The fifth part puts forward the relevant consummation countermeasure.In view of the problems encountered by the procuratorial organs in Baishan district in handling public interest litigation cases,this paper puts forward that we should improve and strengthen the subjective consciousness of safeguarding the public interest,strengthen the communication and cooperation between departments,and expand the source of case clues.It is necessary to perfect the construction of public interest litigation mechanism and carry on the feasible countermeasure and scheme of personnel allocation scientifically and reasonably.