On The Perfection Of The System Of Criminal Incidental Civil Public Interest Litigation By Procuratorial Organs

Back in our country since the reform and opening of the rule of law construction progress,one of the emerging public interest litigation is a new bright spot of the rule of law construction in our country,especially in the mid-2017,formally established the procuratorial organs filed a public interest litigation system,public interest litigation as a new type of lawsuit system has entered a rapid development opportunity.On June 27,2017,China's "proposal on amending the civil procedure law and the administrative procedure law" was deliberated and adopted at the 28 th plenary session of the standing committee of the 12 th National People's Congress,marking the formal establishment of the system of public interest litigation in China.Although only one clause has been added in the two procedural laws,the revision of the two procedural laws is of great significance.That is to say,it has officially become a new litigation system in China after an empirical investigation of the two-year pilot work of public interest litigation initiated by procuratorial organs,and has embarked on a new journey of comprehensive development.More than 40 years of reform and opening up in China has come a hard journey,our country economy has made remarkable achievements,but at present our country is at the turning point of history,different conflicts intensified,the social contradictions constantly emerging,such as damage to ecological environment and resources,infringes upon the lawful rights and interests of many consumers,the food and drug public safety level and some other major events in the social life.It has seriously damaged the public interests of the society and caused a social crisis.Illegal ACTS cannot be effectively curbed and the rights and interests of the victims cannot be relieved.Although the system of public interest litigation has been established in China's legislation,the current practice of public interest litigation brought by procuratorial organs is not satisfactory,so it is urgent to establish a new litigation system to safeguard the public interest.Therefore,on March 2,2018,the "two higher authorities" jointly issued the "interpretation on some issues concerning the application of laws in procuratorial public interest litigation cases",which for the first time proposed a new litigation system,namely,the civil public interest litigation system incidental to criminal cases initiated by procuratorial organs.The system reflects the implementation of the green development philosophy reported at the 19 th national congress of the People'sRepublic of China,the need for people-centered development,and the reform of the functions of procuratorial organs.Taking this opportunity,the procuratorial organs throughout China have handled a large number of cases of civil public interest litigation incidental to criminal cases.However,due to the lag of legislation and the lack of theoretical research results,the procuratorial organ has encountered many difficulties in filing this new type of litigation.Therefore,the further study of the new litigation system is of profound significance both in theory and in judicial practice.As a new type of litigation system,the system should be applied to judicial practice,in order to play its due value.In understanding China's procuratorial organs filed a criminal incidental civil public interest litigation system of system evolution,features,basic theory and practical value on the basis of the relevant data from the practical level,through the analysis of the current China's procuratorial organs filed the current situation of the implementation of the new type of lawsuit system,and found that the new type of lawsuit brought by the procuratorates in practice there role positioning vague,unclear responsibility and compensation subject,whether can fulfill announcement obligation exists disputes,mediation and lawsuit pattern problem is not clear,and whether can introduce expert jury system and so on.Aiming at the problems above,this article suggested from perfecting the litigation mode,clear the location in the procuratorial organs in criminal incidental civil public interest litigation,norming the program of the procuratorial organs filed notice,perfect the modes of mediation system,clear responsibility and compensation object,the setting up of experts on the jury system,to perfect the procuratorial organs filed a criminal incidental civil public interest litigation system,make the public interest under the protection of the better.