Research On The System Of Civil Public Interest Litigation Initiated By Procuratorate

On July 1,2015,the standing committee of the National People’s Congress authorized the supreme test in 13 pilot provinces to carry out the civil public interest litigation,for two years,pilot areas procuratorial organs give full play to the procuratorial supervision function,the existing main body cannot comprehensive maintenance of public interest litigation cases,civil public interest litigation actively,through pilot rules of procedure for civil public interest litigation work set up the correct orientation.Pilot work ended,the formal establishment of the NPC standing committee of the procuratorial organs filed civil public interest litigation subject qualification,March 2,2018,the supreme people’s court,the supreme people’s procuratorate jointly issued "the supreme people’s court,the supreme people’s procuratorate about procuratorial public interest litigation cases to explain some issues of applicable law,has been clear about the procuratorial organs filed civil public interest litigation cases some of the specific rules of procedure and refined.But prosecutors filed a civil public interest litigation procedure that case scope,the case clues to more general provisions,the burden of proof,reconciliation,mediation right,decision right and the statute of limitations is lack of related regulations,and in the case of complementary resources are limited,the judicial practice faces many difficulties.This paper issued by the supreme people’s court,the supreme people’s procuratorate civil public interest litigation typical case as the analysis object,from the Angle of the micro procuratorial organs to explore the present situation and problems of the judicial practice operation,combining with the field of civil public interest litigation to review the provisions of the relevant laws and regulations and judicial interpretations,through summarizing procuratorial organs filed civil public interest litigation in a relatively stable program works to discover its existence insufficiency,and in the related actions,on the basis of theory and judicial practice in our country,put forward the corresponding concrete system of the building.