Research On The Pre-litigation Procedure Of Procuratorial Civil Public Interest Litigation

In 2015,China began to implement a two-year program for public interest litigation,giving the procuratorate the right to initiate public interest litigation.In 2017,it officially established the prosecutorial public interest litigation system by amending the civil and administrative litigation laws.The pre-litigation procedure,as a pre-procedure for prosecutorial public interest litigation,plays an important role in civil public interest litigation and administrative public interest litigation.On the basis of civil public interest litigation,this paper analyzes the pre-litigation procedure of procuratorial civil public interest litigation,and combines the experience of foreign public interest litigation system to analyze the status of the implementation of the pre-litigation procedure of procuratorial civil public interest litigation in the pilot.Problems and causes,and suggestions for improving the program.Therefore,this article will be discussed in the following aspects:Prosecutorial civil public interest litigation has a solid theoretical foundation.Starting from the concept,characteristics and function of the pre-litigation procedure of civil public interest litigation,the theory of its internality is demonstrated,and the pre-litigation procedure is used as the pre-procedure of prosecutorial civil public interest litigation.It has the procedural necessity,the method specificity and the result.The unique characteristics play the role of safeguarding the public interest and saving judicial resources.Moreover,as a new legal system in China,the prosecution of civil public interest litigation has a unique value and significance.The author provides legal support from three aspects: public welfare agent theory,public prosecution theory and social justice theory.The successful experience of foreign public interest litigation can provide a useful reference for the prosecution of civil public interest litigation before China.This paper selects the typical countries in the Anglo-American legal system and the civil law system,discusses its public interest litigation system,compares and analyzes the development process,suitable subject and pre-procedure of civil public interest litigation in these countries,and summarizes the differences.At the same time,combined with the same point,draw lessons from the experience of China's prosecutorial civil public interest litigation procedures.The practice exploration of China's procuratorial civil public interest litigation pre-procedure procedure system has laid a solid realistic foundation for the reform and improvement of relevant systems.Through the review of the practice of prosecutorial procedures for prosecutorial civil public interest litigation,relevant data are counted.The pre-litigation procedure has played a certain role in practice,mobilizing the enthusiasm of other eligible subjects to initiate civil public interest litigation,but its performance has not yet reached the ideal state,and the design of the system has not been perfect,resulting in the existence of actual operations.obstacle.Summarize the existing problems and analyze their causes,and provide solutions to the improvement measures.It's necessary to put forward countermeasures and suggestions for perfecting pre-litigation procedure of China's procuratorial civil public interest litigation from the aspects of scope of application,mode of supervision,time limit for responding and responsibilities of qualified subjects.In view of the status quo of the implementation of the pre-litigation procedures for procuratorial civil public interest litigation,the program design for perfecting the pre-litigation procedure is made,from the scope of application and application of the pre-litigation procedure,the method of enriching the supervision,the flexible setting of the reply period,and the clear eligibility.The main responsibility puts forward specific suggestions for perfecting the pre-litigation procedures for civil public interest litigation.