Research On The Power Of Investigation And Verification Of Procuratorial Organs In Civil Public Interest Litigation

The power of investigation and verification of procuratorial organs in civil public interest litigation is a legal power granted by law to procuratorial organs as legal supervisors and public interest litigation prosecutors.Through investigation and verification,procuratorial organs can realize the purpose of implementing the pre-litigation procedure,ascertaining the facts of the case,obtaining the successful judgment and correcting the wrong judgment,which is also an important means to safeguard the national and public interests and safeguard the judicial authority and credibility.Although our country “The Civil Procedure Law”,“Rules for the Supervision over Civil Proceedings((for Trial Implementation)”,“Organic Law of the People's Procuratorates” and“Measures for the Implementation of the Pilot Program of Initiating Public Interest Actions by People's Procuratorates”,“Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law for Cases regarding Procuratorial Public Interest Litigation”limits the investigation and verification of procuratorial organs,but the lack of specific provisions on the operation procedures,supervision guarantee and scope of exercise of procuratorial organs' investigation and verification in civil public interest litigation leads to the disconnection between judicial practice operation and legislation.Under this background,this paper focuses on the problems existing in the investigation and verification in practice,and analyzes the problems existing in the exercise of the investigation and verification right of procuratorial organs in our country through the literature analysis,value analysis and social investigation method,in order to provide ideas for perfecting the investigation and verification power of procuratorial organs in civil public interest litigation,which has certain theoretical significance and practical pertinence.Through research,it is found that theinvestigation and verification power of procuratorial organs in civil public interest litigation has both "public power attribute and private power attribute ".This paper discusses the principles that should be followed when the procuratorial organs exercise the power of investigation and verification in different identities,and combines with the existing power of investigation and verification of the problem,targeted solutions.