Try To Discuss The Procedure Before The Public Interest Lawsuit Filed By The Procuratorial Organ

The introduction of pre-litigation procedure in the field of public interest litigation is an important content and highlight of the 2017 revision of the civil procedure law.The establishment of the pre-litigation procedure stems from the pilot exploration of public interest litigation initiated by the procuratorial organs.The relevant documents issued by the supreme people's court and the supreme people's procuratorate have made detailed provisions on the legal status,subject of application,case scope,application method and connection with the litigation procedure of the pre-litigation procedure.Through practice and exploration,local procuratorial organs put forward many innovative practices,which to some extent expanded the scope of application of the pretrial procedure,enriched the application of the pretrial procedure,and realized the maximum play of the function of the pretrial procedure.Based on the legal provisions,this paper summarizes the academic viewpoints and draws on the merits of the innovative measures taken by the procuratorial organs in various places,so as to form a holistic cognition of the pre-litigation procedure of civil public interest litigation,and then find out the problems.Finally,under the guidance of the skopos theory,this paper proposes targeted improvement measures.In theory,the design of pre-litigation program is simple and rough.Although ithas been two years of pilot,there are still some imperfections in the system design of pre-litigation procedure.This is mainly reflected in the narrow scope of the case,the unclear sequence of the execution of the prosecution right of the organs and related organizations as well as the unclear positioning of the introduction of "supporting prosecution".In addition,through consulting the data,the author found that the theoretical basis of the pre-litigation procedure,there is a mess,not in-depth discussion of the problem.In view of this problem,the author,on the basis of learning from others' articles,puts forward to elaborate the theoretical basis based on the content of the pre-litigation procedure,hoping to straighten out the relevant theoretical issues of the pre-litigation procedure.In practice,the procuratorial organ has some problems in the process of applying the pretrial procedure,because the understanding of the pretrial procedure is not uniform and deep.It is mainly reflected in the relatively simple ways of supervision and suggestion,the inadequate implementation of "support for prosecution",and the insufficient communication and interaction between relevant subjects.In order to solve this problem,the author will have an in-depth understanding of the specific situation in the practical application of pre-litigation procedures,and more literature review and the latest measures in various places,in order to put forward the corresponding countermeasures.Under the guidance of comparative law thinking,the author also looked up relevant foreign public interest litigation materials,among which the United States,as a representative of the country,in the field of public interest litigation,there is a "notice before litigation" process.So as to absorb the beneficial ingredients,in order to improve China's pre-litigation procedures.In the field of civil public interest litigation,there are various problems in the practical application of pre-litigation procedure,the root of which is not only the imperfect system design,but also related to the lack of in-depth theoretical research in this field.In view of the various problems of pre-litigation procedure in system design and practice,the author will start from the theoretical basis of pre-litigation procedure design,clarify its functional positioning,find out the problems of pre-litigation procedure in system design and practical application with the method of skopos theory,and put forward corresponding Suggestions for improvement.This paper is mainlyconceived and written around the following parts:Chapter one clarifies the connotation and function of pre-litigation procedure.This paper discusses the meaning,content and characteristics of pre-litigation procedure,so as to have a basic and comprehensive understanding of the research object.As for the content of pre-litigation procedure,the author discusses it from five aspects: the subject of exercise,the way of exercise,the object of exercise,the result of exercise and the starting time,and mainly introduces the characteristics of legality,inevitability and transition of pre-litigation procedure.For before litigation procedure function,the author mainly from the existing function and should be defined in a function two aspects respectively introduce the procuratorial organs to public interest litigation prosecution,the right to clear related subject exercise order,avoid prosecution subject vacancy,enrich public interest litigation case clues,to ensure that the evidence of fixed and promote the role of dispute resolution.Among them,evidence fixation and dispute resolution are the highlights of this paper.To some extent,the evidence investigation activities carried out by procuratorial organs in the pre-litigation stage also play the role of evidence fixation.On the premise of legality and sharing,the evidence fixation can effectively improve the filing rate and winning rate of public interest litigation cases.Promoting the settlement of disputes in the pre-litigation stage is the consideration of saving judicial resources and the embodiment of respecting the right of torts to choose the way of dispute settlement.Chapter two finds the problem.This chapter elaborates from the system design and the law implementation.In terms of system design,this paper mainly expounds the problems such as the narrow scope of cases applicable to pre-litigation procedure,the order of prosecution right between organs and social organizations not clearly stipulated by law,and the inappropriate positioning of supporting prosecution system.In terms of law implementation,the application of pre-litigation procedure mainly has the following problems,namely,supervision and suggestion of single prosecution method,insufficient coordination between relevant subjects,and insufficient implementation of support for prosecution.The exploration and reflection on the problems existing in the system design and law implementation of the pre-litigation procedure will pave the way for the improvement of Suggestions,so as to achieve the effect of "suit the case".Chapter three puts forward Suggestions for improvement.irst of all,this chapter briefly introduces the theoretical keynote of the improvement proposal.Under the guidance of the theory of civil public prosecution,the theory of social autonomy,the theory of social cooperation and the theory of prosecutorial modesty,corresponding improvement measures are proposed for the problems existing in the system design and law implementation of the pre-litigation procedure.To be specific,in terms of system design,the scope of pre-litigation cases should be expanded,the right to Sue in the first order of social organizations should be clarified,and the whole process of case handling should be supported.In the aspect of law implementation,we hope to use various technical means and platforms to diversify the ways of urging and recommending prosecution,establish a normal communication mechanism between relevant subjects,make clear the specific ways and contents of supporting prosecution,avoid the nihilization of supporting prosecution,and give full play to the role of supporting prosecution.