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

The revised civil procedure law of the People’s Republic of China and the administrative procedure law of the People’s Republic of China in 2017 officially confirmed the identity of procuratorial organs as "prosecutors for public interest litigation",marking that China’s public interest litigation has entered a new stage.The construction of the public interest litigation system with Chinese characteristics is not only the result of the long-term judicial practice,but also.The localization development of public interest protection in our country needs.After two years of pilot work,the public interest litigation system has been widely promoted in the country,so it is necessary to refine and analyze the problems that need to be solved at the current stage.Investigation and verification is an important means for procuratorial organs to protect public interests and fulfill the function of legal supervision in the practice of public interest litigation.Whether in administrative public interest litigation or civil public interest litigation,the use of the right of investigation and verification to obtain prima facie evidence of the infringement of national and social public interests is a prerequisite for the prosecution of public interest litigation.However,in the current stage,the academic and practical circles have been disputing whether it is a right for procuratorial organs to carry out "investigation and verification".The lack of legislation and system also make the procuratorial organs powerless to use this power.In this paper,a comprehensive public welfare lawsuit right of the procuratorial organs investigation to verify the existing related theory,combined with the public welfare lawsuit itself characteristics and the executive power and judicial power in the protection of public interest relationship,explore the deep reasons of the problems in practice,and discusses how to perfect and properly from the rules and operation level exercise of the right of investigation to verify specific issues.This paper first gives a preliminary definition of the concept of investigation and verification of procuratorial organs,and then,from the perspective of historical research,USES text analysis and data analysis to reveal the evolution track and development process of investigation and verification right from the edge and single to the center of the historical stage.Second,the establishment of procuratorial organ in the public interest litigation,procuratorial organs is the premise of the right to investigation to verify the eligibility of subject and bring both the plaintiff in public interest litigation and the legal supervisor of double identity,based on the analysis of the nature of the public welfare lawsuit right of the procuratorial organs investigation to verify,in order to have more detailed knowledge of right of investigation to verify,comparative analysis of the author and the relevant concepts.According to its nature,the author establishes the theoretical structure of procuratorial organs’ right of investigation and verification in public interest litigation,including the scope of investigation and verification right of public interest litigation,the subject of exercise,the object and the main types of measures.Thirdly,starting from the current situation,this paper analyzes the practical problems of procuratorial organs’ use of investigation and verification right in public interest litigation cases.At the same time,from the two perspectives of the particularity of public interest litigation cases and the succession of judicial power and administrative power in public interest protection,the root cause of the problem is deeply explored.Finally,in order to solve the above problems,this paper starts with the principles and details respectively,and clarifies the basic rules that procuratorial organs should follow in the investigation and verification right of public interest litigation,namely the principle of legality,the principle of modesty,and the principle of acceptance of supervision,delimits the boundary of the exercise of investigation and verification right,and prevents procuratorial organs from overstepping the boundary.After implement,fill the blank of the current legislative justice and clear out investigation to verify power scope,detailed investigation to verify power and specific measures,improve the damage appraisal mechanism,give public welfare lawsuit right of investigation to verify mandatory safeguards,and by strengthening procuratorial organs and administrative organs of the collaboration,to be fixed in a timely and comprehensive manner to collect evidence.Finally,the corresponding relief means are added to give the respondents the right to dissent,so as to prevent the situation that the respondents have no voice when their legitimate rights are infringed.