Research On Problems And Countermeasures Of Procuratorial Organs Bringing Public Interest Litigation

Under the circumstance of comprehensively advancing the rule of law,t he Fourth Plenary Session of the 18 th CPC Central Committee proposed a p rocuratorial organ to initiate a public interest litigation system,which also est ablished the status of the procuratorial organ to initiate public interest litigati on.The move is to solve the related social welfare problems caused by rapi d development in China in recent years,and it is also an emerging product.From 2015 to 2017,China began to implement the public interest litigation work of the procuratorate,which has been fully implemented so far.In this process,the procuratorial organ's work on public interest litigatio n has been proposed,piloted,revised,and the process of issuing judicial inte rpretations,and finally promoted and implemented.However,in this process,it also faces enormous challenges and difficulties,mainly focusing on the def inition of theoretical concepts,the formulation of relevant laws and regulatio ns,the difficulty of investigation and evidence collection,the uneven burden of proof and the lack of effectiveness of supervision methods.Although the procuratorial organs have many problems in raising the pu blic interest litigation system,after the pilot and comprehensive implementati on,they reflect on the experience and lessons learned in the practice process,analyze how to help the system improve,and better carry out the next stage of work.Still has a high theoretical and practical significance.This article will be discussed in six parts.The introduction will start to clarify the significance,current situation and methods of the research,and p rovide basic support for the later research.Secondly,through the elaboration of the basic theory,the analysis of concepts and characteristics leads to the r elated definition of classification and value.On this basis,the source of pow er of the public prosecution by the procuratorate is explained,and the legalit y of the public prosecution by the procuratorate is found by analyzing the s ource of power.Then,from the practical work,the status quo is analyzed,a nd then the status quo of the public interest litigation by the procuratorate is analyzed.On this basis,the analysis of the status quo and the clarification o f the theory are made to find out the existing problems and dilemmas.Finall y,through the study of the problem,the enlightenment of the improvement o f the system is obtained,and relevant suggestions are put forward.I hope th at through the analysis and discussion of this article,I will provide some inspiration for perfecting the procuratorial organs to initiate a public interest liti gation system.