Research On Criminal Incidental Civil Public Interest Litigation System In China

In order to better safeguard the public interest and improve the efficiency of litigation,criminal incidental civil public interest litigation has become the focus of the procuratorial organ's current practice under the circumstances of the pilot and practical feedback of the public interest litigation in full swing.How to complement each other and perfect the construction of practice and system has become the most basic criterion of consideration whether this system can become a good system for the country and the people.In the study of theory and evidence,this paper takes the criminal incidental civil public interest litigation system as the starting point,combs the criminal incidental civil public interest litigation system in our country in theory,puts forward the exploration and problem of criminal incidental civil public interest litigation in the judicial practice and extraterritorial experience,and further puts forward the measures and suggestions to perfect our country's criminal incidental civil public interest litigation.The full text is divided into four parts.The first part mainly discusses the criminal incidental civil public interest litigation in China.Firstly,the concept of public interest litigation,civil public interest litigation,as well as the theoretical community's opposition to criminal incidental civil public interest litigation,to lead to the concept of criminal incidental civil public interest litigation;Finally,this paper discusses the exploration and formal establishment of criminal incidental civil public interest litigation,and concludes that the system of criminal incidental civil public interest litigation is of great significance to the maintenance of public interest.The second part mainly introduces the construction of the system of criminal incidental civil public interest litigation in the absence of criminal incidental civil public interest litigation outside the domain,and needs to understand the origin of extraterritorial public interest litigation and the public interest litigation system in major countries.Through the analysis and reference of the extraterritorial public interest litigation system,the problem of civil public interest litigation in China's criminal incidental is put forward in a targeted way.The third part from the judicial practice 36 specific cases,internship experience,the extraterritorial public interest litigation system to learn from three aspects,China's criminal incidental civil public interest litigation in the process of starting,procedure operation and procedure application of the problems,and analyze the above-mentioned problems are the main reason for the existence of the law no provisions or provisions generalization,the prosecution without losing the risk,the experience of the limited use of three aspects.The fourth part is the focus of this article,adhere to the problem-oriented to solve the problems in the initiation,procedure operation and procedure application of criminal incidental civil public welfare proceedings,and put forward the Chinese reference of the incentive mechanism and the settlement system in extraterritorial proceedings,and improve the system of criminal incidental civil public interest litigation in China.