Empirical Study On The Civil Public Interest Litigation Initiated By Procuratorial Organ

In recent years,China's rapid economic development has also been accompanied by a series of acts that harm the public interest,environmental pollution,ecological damage,and violation of the legitimate rights and interests of many consumers.However,with the improvement of the socialization level of productivity development,people's awareness of public interest protection is increasing,and public interest protection is increasingly receiving attention and attention.Inevitably,conflicts with one-sided pursuit of economic development and damage to public interest behavior are intensifying.The crisscrossing of interests,the market and the government are unable to maximize their role,leading people to turn their attention to the judicial,the ultimate guardian of rights relief.As a legal supervisory organ,the procuratorate is also an important embodiment of its function.The procuratorial organ's civil public interest litigation is an important part of the overall construction of the public interest litigation system.The Fourth Plenary Session of the 18 th CPC Central Committee proposed to explore the establishment of a procuratorial organ to initiate a public interest litigation system.On July 1,2015,the Standing Committee of the National People's Congress authorized the Supreme People's Procuratorate to conduct public welfare in 13 municipalities,provinces and autonomous regions in Beijing and Jiangsu.Litigation pilot.After two years of trials,the Standing Committee of the National People's Congress revised the relevant provisions of the Civil Procedure Law of the People's Republic of China(hereinafter referred to as the Civil Procedure Law)on June 27,2017,and established a procuratorial organ to initiate a civil public interest litigation system in the form of legislation.It was officially implemented on July 1,2017,and has since been fully rolled out across the country.Although the procuratorial organ has filed a civil public interest litigation system,imperfections.Compared with the traditional civil procedure,it will inevitably bring a series of new and complicated problems.The existing legal provisions only provide a principled regulation of thesystem,lack of specific and relevant programming,lack of guiding significance for practical operations,and cannot completely solve problems in practice.Moreover,due to different value orientations,the judicial practice circles and the theoretical circles still have great differences on the specific procedures such as the litigation status,the scope of the case,and the pre-litigation procedures of the procuratorate,which is not conducive to the steady promotion of the procuratorial organs to initiate civil public interest litigation.Therefore,it is necessary to systematically conduct further research on the relevant legal issues in the civil public interest litigation system initiated by the procuratorate.This paper will use the combination of theoretical research and empirical analysis to empirically analyze the judicial judgments of civil public interest litigation brought by procuratorial organs in judicial practice,explore the judicial status of procuratorial organs in civil public interest litigation,and propose feasible solution.The body part is divided into four chapters.The specific arrangements are as follows:The first chapter is the theoretical basis for the procuratorial organ to file a civil public interest litigation.In this chapter,we first define the concept of the public interest litigation and civil public interest litigation,summarize and summarize the characteristics of civil public interest litigation,and understand the purpose of litigation in civil public interest litigation.Then,from the aspects of legal basis,functional value and the actual advantages of the procuratorial organs,the rationality and necessity of inferring the civil public interest litigation by the procuratorial organs are analyzed,which lays a foundation for improving the procuratorial organ's civil public interest litigation system.The second chapter is the analysis of the status quo of the procuratorial organ filing a civil public interest litigation.In this chapter litigation case of the procuratorate since the pilot work on July 1,2015 will be selected for date analysis and case study.Mainly around the geographical distribution of the case,the source of the clue,the type of case,the pre-litigation procedure,the litigation request,etc.the judicial status of the civil litigation initiated by the procuratorate is presented in an intuitive statistical data.The third chapter is a review of the issues raised by the procuratorial organs in civil public interest litigation.After analyzing the status quo of the civil public interest litigation system initiated,it analyzes the problems and causes of the current civil public interest litigation system initiated by the procuratorate.The fourth chapter is the perfect proposal for the procuratorial organ to file a civil public interest litigation.In this chapter,we will draw on the legislative provisions and judicial practices of the same nature in other countries and regions,and put forward feasible solutions for specific problems in light of China's actual situation,focusing on clarifying the procuratorial organ's litigation status,expanding the clue channels,improving the pre-litigation procedures,and improving the procedural rules.Other aspects refine and improve the procuratorial organs to file a civil public interest litigation system.