Research On Procuratorate's Criminal Incidental Civil Public Interest Litigation System

In recent years,in the transitional period of China,conflicts of interests have intensified and social problems have aggregated.Problems such as environmental pollution,destruction of ecological resources,spam messages,the 2008 Chinese milk scandal,illegally recycled waste cooking oil,and fake vaccines have been frequently reported,resulting in long-term damage to the public interest,growing social crisis,unpunished culprits,and victims lacking judicial relief.Although previously relevant laws stipulated that certain social groups can initiate litigation in the protection of consumer rights and the environment,the effect was not obvious.In contrast,the procuratorial organs,as the main body of public interest litigation,are gaining popularity.In this context,China began the construction work of the procuratorial organ to initiate a public interest litigation system.During the Fourth Plenary Session of the 18 th CPC Central Committee,the "Decision of the Central Committee of the Communist Party of China on Recommending the Rule of Law and Some Major Issues" was adopted,signaling the beginning of the construction of this system.Later,in July 2015,the pilot work of public interest litigation began in some areas.At the same time,the pilot work plan was also promulgated.After more than a year of judicial practice,in June 2017,the revision of the Civil Procedure Law officially clarified the procuratorial body's litigation subject qualification,and China's procuratorial public interest litigation system was formally established.Then,on March 2,2018,the Interpretation of Several Issues Concerning the Applicable Laws for Prosecution of Public Interest Litigation Cases(hereinafter referred to as "Two High Interpretations")was also jointly issued by the Supreme People's Court and the Supreme People's Procuratorate,and a new type of public interest litigation case,that is,the criminal incidental civil public interest litigation has been added.At this point,the procuratorial organ's public interest litigation system,including the criminal incidental civil public interest litigation system has been established.The institution of public interest litigation by the procuratorial organs,as an innovative litigation system,has the unique advantages of saving judicial resources and protecting the public welfare efficiently and timely.Since it involves both civil and criminal laws and is a combination of civil litigation and public interest litigation,it is very complex.Due to the excessive simplicity of the interpretations by the Supreme People's Court and the Supreme People's Procuratorate,there are many theoretical obstacles and difficulties in the implementation of this system,and there are also many confusions in judicial practice.Therefore,in-depth study of the system is of great significance both for theory and for practice.The procuratorial organs have explored the criminal incidental civil public interest litigation from multiple angles,fields and methods,and they have accumulated some experience.However,for the new system of criminal incidental civil public interest litigation,the current law does not clearly stipulate and there are controversies in judicial practice.This paper analyzes the problems encountered in the judicial practice of criminal incidental civil public interest litigation,and proposes corresponding improvement measures by summarizing the research results and experience of previous scholars.This will not only aid the procuratorial organs in carrying out criminal incidental civil public interest litigation work more operatively,but will also help to further exert supervisory force of the people's procuratorate in the field of public interest litigation,hence improving China's national interest and judicial protection mechanism for the public interest.