A Study On The Problems Of The Public Interest Litigation With Criminal Accessory Brought By The Procuratorial Organ

On March 2,2018,the implementation of the "interpretation on Several Issues concerning the application of law in procuratorial public interest litigation cases"(hereinafter referred to as the "two high interpretation"),Article 20 of which stipulates that when procuratorial organs initiate criminal prosecutions for such illegal and criminal acts as damaging the environment,infringing on the legitimate rights and interests of consumers,they can also initiate incidental civil public interest litigation,and the court shall The same trial organization hearing criminal cases.The cases of incidental civil public interest litigation brought by the procuratorate shall be under the jurisdiction of the court which has jurisdiction over the criminal cases.This also indicates that the system of civil public interest litigation attached to criminal law has been confirmed in law.After the implementation of the "two high interpretations",the procuratorial organs of various regions have successively handled many cases of criminal incidental civil public interest litigation.But because it involves criminal litigation and civil litigation,and is the combination of criminal incidental civil litigation and public interest litigation,it is more complex.Moreover,the provisions in the "two high interpretations" are not specific,which leads to many problems in the application of the criminal incidental civil public interest litigation system.Through the analysis of more than 300 judicial documents retrieved from "China judicial document network" with "incidental civil public interest litigation" as the search term,the author finds that the different appellations of procuratorial organs in criminal incidental civil public interest litigation cases indicate that their status in litigation is not clear,whether they need to perform the obligation of announcement is controversial,and whether procuratorial organs can propose punitive damages There are some problems such as the claim for compensation,the application of law in the court's judgment.The incidental civil public interest litigation is to solve the civil disputes in the trial of criminal litigation,and the civil litigation depends on the criminal litigation.In view of the problems existing in the judicial practice of the procuratorial organ bringing the incidental civil public interest litigation,the author puts forward the corresponding solutions: firstly,the position of the procuratorial organ in the first instance is the position of the plaintiff of the incidental civil public interest litigation,which embodies the confrontation between the equal subjects,and also clarifies the position of the procuratorial organ in the appellant of the second instance and the protester of the retrial.Procuratorial organs have higher professional quality,and in order to improve the efficiency of litigation and protect case information,procuratorial organs do not need to perform the obligation of announcement.To make clear that the procuratorial organ can put forward punitive damages in the criminal incidental civil public interest litigation,which is in line with the due meaning of legislationis conducive to the realization of the goal of safeguarding the social public interest in public interest litigation,and achieves good social and legal effects.The former is a special litigation form of the latter,and the latter is the basis.Therefore,Article 101 of the criminal procedure law can be used as the legal basis for the court to hear the cases of incidental civil public interest litigation.