Research On The Problems And Countermeasures Of Procuratorial Civil Public Interest Litigation System

With the rapid social development and reform,illegal infringement has not only targeted at private rights,commercial development snatched and destroyed natural resources,market subjects adulterated and sold food and drugs,slandered the reputation of heroic martyrs and harmed the feelings of Chinese people,and other phenomena of damaging public interests occur frequently,seriously damaging the public interests of society.Although the public interest is not owned by everyone alone,it is shared by all citizens.With the gradual awakening of civil rights awareness,it is of great significance to protect rights and investigate responsibilities on behalf of the public by legal subjects.In 2017 stipulates the procuratorial civil public interest litigation system.After three years of system operation,it has produced good legal and social effects.Based on the study of the basic theory,this paper analyzes the development and legislative status of China's procuratorial civil public interest litigation system,investigates the summarizes the useful enlightenment.Through the analysis of the operation of the system,reading the literature and other ways to find the problems of the system,the problems in the operation of the system at this stage are mainly as follows: the scope of accepting cases is not clear,the power of investigation and verification is weak,the pre litigation procedure is not perfect,the litigation status is not clear,and the distribution of burden of proof is unreasonable.In view of the above problems,the paper puts forward suggestions on system improvement from three aspects of legislation,justice and supporting construction.At the legislative level,it is necessary to clarify the relationship between the Procuratorate's legal supervision power and the public interest litigation prosecutors,reasonably allocate the burden of proof in public interest litigation cases,guarantee the exercise of the procuratorial organ's investigation and verification At the judicial level: in handling public interest litigation cases,we should pay attention to the quality of handling cases,broaden the scope of accepting cases of civil public interest litigation,build a collection platform for public interest litigation clues,evaluation system,give full play to the error correction function of procuratorial suggestions,and issue pre litigation announcements through multiple channels.In the aspect of supporting construction: the procuratorial organ should set up a special public interest litigation department,increase the training and exchange of public interest litigation professionals,and provide professional equipment to assist the case handling personnel.