Research On Procuratorial Investigation Right In Public Interest Litigation

In 2017,the Standing Committee of the National People 's Congress amended the Administrative Procedure Law of the People 's Republic of China and the Civil Procedure Law of the People 's Republic of China to incorporate public interest litigation into law.In 2018,the Supreme People's Court and the Supreme People's Procuratorate launched the "Interpretation on Several Issues Concerning the Application of Laws in Prosecuting Public Interest Litigation Cases",which clarifies the procuratorial organ's right to investigate in public interest litigation.However,due to the relative principle of the legislation and judicial interpretation provisions,the newly promulgated judicial interpretation only clarifies that the procuratorate has the right to investigate public interest litigation,but there is no clear set of operational provisions such as investigation methods,investigation content,preparation work and guarantees,which may lead to The chaotic application of prosecution organs in the public interest litigation is not conducive to the protection of public interests.Therefore,the right to investigate public prosecution litigation still needs to be discussed by the academic community to form a consensus.The right to investigate public prosecution public interest litigation is a special form of litigant 's right to prove,a means to achieve legal supervision,and a support to overcome the difficulties of public interest litigation.In order to guide the procuratorial organs to correctly exercise the power of investigation and verification,and to maintain judicial justice and authority,it is necessary to follow the basic principles of lawfulness,efficiency,and proportion in this process.Under the current legal framework,the prosecutorial public interest litigation right faces specific dilemmas such as unclear evidence validity and evidence collection standards,lack of procedural regulations and safeguards,heavy burden of proof responsibility,and insufficient resources for handling cases.In the context of the reform of the judicial system,it proposes the establishment of an external power coordination mechanism for prosecutorial public interest litigation investigations,innovative investigation and evidence collection models,clarification of sanctions against non-cooperative investigations,and the establishment of a preliminary investigation mechanism for prosecution public interest litigation.Carry out public interest litigation well to achieve the purpose of protecting public interests.