| On March 2nd,2018,with the promulgation of The Interpretation of Several Issues on the Application of Laws about Procuratorial work in Public Interest Litigation Cases(hereinafter referred to are called “ The SPP and SPC Interpretations ” for short),the public interest litigation system of civil suit collateral to criminal proceedings,was officially established.The public interest litigation mentioned above is an activity in which adjudicatory organs simultaneously resolve the issue of compensation for civil damage caused by criminal acts to the public interest in the same procedure.It is a branch type of criminal incidental civil action,which is an the extension of the action to the public interest of society,too.There are not only similarities but also differences between two modes.There are three concepts of litigation mode: Criminal priority,Civil priority and The separation of criminal and civil.In criminal incidental civil public interest litigation,these three concepts are all reflected.The litigation metioned above is conducive to the timely restoration of the infringed public interests,to the efficiency of litigation,to the protection of judicial authority,to the implementation of criminal policy that tempers justice with mercy,and to the improvement of the comprehensiveness in judicial governance.The procuratorial organ is the only prosecution subject in the litigation aforementioned.Whether from the perspective of system theory or judicial practice,there are sufficient necessity as well as feasibility for the procuratorial organs to initiate it.The procuratorial organ's criminal incidental civil public interest litigation is also conducive to the establishment of a comprehensive public interest protection mechanism and to promote the procuratorial organization to fully perform its functions,which has practical and positive significance.Jiangsu's procuratorial work in the litigation aforementioned is at the forefront of the whole country.The author takes Jiangsu Province as a sample to introduce the work status of procuratorial organs in handling incidental civil public interest litigation cases.Before it was formally established by the " The SPP and SPC Interpretations ",the focus of the work of the procuratorial organs is to promote legislation.After being required by law,what procuratorial organs focus on has shifted to institutional construction.In addition,by arranging the latest cases of the relevant litigation handled by the procuratorial organs of Jiangsu Province,the author analyzes the litigation requests filed by the procuratorial organs as well as the trials of the courts,and submits several standpoints about some disputes that still exist in the procuratorial practice.At present,there are many problems in the system of civil public interest litigation attached to criminal matters that need to be resolved urgently.The author has selected several of the more controversial issues for thinking and analysis.From the author's perspective,in the case of relevant litigation,the procuratorial organ should still use the appellation “prosecutor of public interest litigation”,whose jurisdiction should be adjusted appropriately,too.Centralized jurisdiction or alternative level jurisdiction can be adopted.In the case of litigation meitioned hereinbefore,reconciliation and mediation may not be announced.The evidence in the incidental civil litigation of the procuratorial organ may come from the public security organs,or it may be investigated and collected by itself.On the issue of certification,the defendant's self-recognition should be recognized and the highly probabilistic certification standards should be supported.Punitive damages can be applied to consumer-type criminal incidental civil public interest litigation,however,it is not yet appropriate to provide for it in civil fringe cases attached to environmental crimes.Last but not the least,the author adcovates that the defendant's criminal liability and civil liability can be interchanged. |
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