Prosecutor's Office Brings Proceedings Before Civil Litigation In Public Interest

In recent years,more and more cases of public interest have emerged,not only in the field of environmental pollution,consumers in the field of more and more cases,other areas of civil public welfare cases have been more and more attention.In the face of more and more cases of public welfare damage,it is necessary to further improve the civil public interest litigation system.As one of the main bodies enjoying the right of action of public Interest litigation,the procuratorial organ has been debating continuously for its litigation status and litigation.Its program design has always been the focus of theoretical research.The pre-litigation procedure,as a necessary stage for procuratorial organs to bring civil public interest litigation,is also constantly perfected at the level of legal norms.However,according to the Scholars ' research on procuratorial Public Interest litigation in the past two years,the pre-litigation procedure has not been able to play its due role.In view of the latest norms and practice of procuratorial Public Interest Litigation,this paper analyzes the problems existing in the pre-litigation procedure,and holds that there are still some general provisions in the pre-litigation procedure,such as the subject of the procedure and the limitation of the scope of the case,and the imperfection of the supporting mechanism.In view of these problems,the author thinks that we should improve from the aspects of focusing on the pre-litigation procedure,relaxing the applicable subject,clarifying the scope of the case and perfecting the relevant supporting provisions.This article consists of the following four parts:The first chapter briefly describes the relevant concepts,characteristics,principles to be followed,set the value of pre-litigation procedures,including in line with the procuratorial organs to participate in civil litigation humility,give full play to the enthusiasm of the relevant organs and social organizations and reduce the burden of prosecution organs litigation.This chapter is used to explain the value meaning that the pre-litigation procedure should embody,and to provide a theoretical basis for the improvement measures in the later text.The second chapter mainly analyzes the present situation,including the legislative evolution of civil public interest litigation brought by procuratorial organs,the current norms and practical situation,and puts forward the problems existing in the pre-litigation procedure.It is concluded that the procedure of "announcement" of pre-litigation procedure needs to be perfected,the subject of application and the scope of case of pre-litigation procedure are limited,the general provisions of "supporting prosecution" and the limitation of the scope of the case,as well as the imperfect supporting mechanism,etc.In the aspect of supporting mechanism,there is a lack of corresponding evaluation and appraisal mechanism,and the provisions to support prosecution are more general and so on.The third chapter enumerates the provisions on pre-litigation procedure in civil public interest litigation in extraterritorial countries,including the civil investigation procedure and behavior correction Agreement in Brazil,the pre-litigation communication procedure in France,the right to stop infringement in Japan,the pre-litigation warning procedure of Germany,and the procedure of pre-litigation notification in the United States.Extraterritorial pre-litigation procedures are more flexible,both in the subject of prosecution and in the manner in which pre-litigation proceedings are performed.The fourth chapter puts forward some suggestions for perfecting the pre-litigation procedure,including perfecting the "announcement" procedure,relaxing the subject and scope of the application of the pre-litigation procedure,and perfecting the relevant supporting mechanism.