Research Report On Supplementary Civil Action In Criminal Proceedings Public Interest Litigation By The Prosecurators Office In Three Cities Of Hunan Province

According to the research,supplementary civil action in criminal proceedings public interest litigation has become a “weapon” for protecting national and social public interests.supplementary civil action in criminal proceedings lawsuits account for 80% of the public interest lawsuits filed by procuratorial organs in three cities of Hunan province,the majority of which are ecological and environmental protection of supplementary civil action in criminal proceedings lawsuits.Compared with civil public interest litigation,supplementary civil action in criminal proceedings public interest litigation filed by three cities of Hunan province has its own characteristics,such as the procuratorial organs' litigation status,the social and legal effects achieved,and the manner of assuming responsibility.At the same time,supplementary civil action in criminal proceedings public interest litigation filed by the procuratorial organs of three cities in Hunan province has achieved certain results,which is conducive to more comprehensively combating crimes,repairing the public interest,and diversifying public interest protection methods,so as to better achieve the unification of social and legal effects.However,as a new type of case,supplementary civil action in criminal proceedings public interest litigation,due to too principled legislative and judicial interpretations,currently suffer from some problems such as the dispute over whether procuratorial organs need to perform pre-litigationannouncements in judicial practice;the imbalance of the litigation structure;disagreements on whether procuratorial organs can file punitive damages in food and drug cases;and lack of subsequent management and use system of environmental damages.A series of measures should be taken that procuratorial organs should clearly perform pre-litigation announcements,punitive damages can be applied to cases in the food and drug field,the management and use system of environmental damages compensation be standardized and optimized,the litigation structure should be adjusted and the collaboration mechanism should be improved,relevant laws and regulations should be established and improved in order to meet the needs of judicial practice and better safeguard national and social public interests.