Research On Evidence Collection Of Procuratorial Organs In Civil Public Interest Litigation

In civil public interest litigation,the role of procuratorial organs as public interest litigants in bringing public interest litigation has changed obviously from their previous public power status as legal supervision organs.The role of procuratorial organs in civil public interest litigation has aroused a lot of controversy in academic circles.The special status of procuratorial organs and the imperfect procuratorial public interest litigation system lead to the problems of evidence collection subjects,The scope of evidence collection,Investigation right and its safeguard measures.As the most core issue in litigation,the issue of evidence collection is worthy of attention and research.The problems in the collection of evidence of civil public interest litigation by procuratorial organs mainly manifested in the subjects of evidence collection,the scope of evidence collection,Investigation right and its safeguard measures.In the problem of the subjects of evidence collection,there exists the problem of weak subjects strength,which is manifested as insufficient number of personnel,unprofessional team and weak investigation ability.In the problem of the scope of evidence collection,the burden of evidence collection is too heavy,which is manifested in the distinction between investigation,verification and investigation and collection of evidence,the heavy burden of proof and high standard of proof of procuratorial organs.In the problem of the investigation right of evidence collection and its guarantee,such as unclear investigation right,insufficient investigation method,imperfect information sharing mechanism and lack of guarantee measures.In order to solve the problems of evidence collection in civil public interest litigation,corresponding countermeasures should be put forward from different aspects.We should strengthen the construction of procuratorial team from the aspects of increasing personnel allocation,strengthening practical training and improving the modern evidence collection ability of case handling personnel.We should clarify the scope of evidence collection,reduce the burden of proof of procuratorial organs,andestablish and improve the standard system of multiple proofs to reduce the burden of evidence collection of procuratorial organs.We should clarify the nature of the investigation right,expand various investigation methods,perfect the information sharing mechanism,and set up the safeguard measures of the investigation right.