| Article 20 of the interpretation of Public interest Litigation provides for the system of criminal incidental civil public interest litigation for the first time,which is intended to crack down on crime and protect social and public interests at the same time,which has been paid more and more attention in judicial practice since its introduction.However,due to the principles of the initial institutional provisions of legislation and the lag of theoretical research,the procuratorial organs are faced with many problems in the process of implementation.Through the empirical research and relevant data analysis on the implementation of the procuratorial organs of H province in the sample area after the introduction of the interpretation of Public interest Litigation,we can understand the current judicial operation of the litigation system brought by procuratorial organs,and find and resolve disputes in time,in order to correctly respond to the problems faced in the current practice and ensure that the criminal incidental civil public interest litigation procedure runs smoothly.The first part is the basic overview of criminal incidental civil public interest litigation,which mainly includes three aspects: first,it interprets the meaning and characteristics of criminal incidental civil public interest litigation by grasping the connotation of "social public interest".The lawsuit is defined as: the criminal acts of the defendant cause damage to the interests of the unspecified majority of people in society at the same time,while the procuratorial organs file a criminal public prosecution to the people’s court to investigate criminal responsibility,file a civil public interest action in accordance with the law to confirm that the defendant bears the corresponding civil liability.The second is to introduce the development and evolution of criminal incidental civil public interest litigation and understand the development process of the system from practical exploration to the establishment of judicial interpretation.The third is to clarify the differences between the criminal incidental civil public interest litigation and criminal incidental civil litigation and civil public interest litigation system,the former two are different in the time of establishment of the system,the scope of the case,the purpose of protection and the claim of litigation;the latter two are different in the purpose of legislation,the level of jurisdiction of the case and the applicable law.The second part introduces the present situation of the practice and operation of criminalincidental civil public interest litigation,which is based on the operation of such litigation activities by the procuratorial organs of H province in the year after the judicial interpretation was issued in 2018.Combined with the judgment made by the people’s court,the distribution of cases,types of cases,pre-litigation announcement and trial situation are analyzed and summarized.From the perspective of practice,the regional distribution of criminal incidental civil public interest litigation cases handled by the grass-roots procuratorial organs in H province is uneven,and such cases have not been handled in some areas,and the types of cases are concentrated in the field of environmental resources and consumer safety,and it has the characteristic of "more environmental cases and less consumer cases".The procuratorial organs of the province have failed to perform the pre-litigation announcement procedure,the litigation request highlights the new way of civil liability,paying attention to the repair of damaged public welfare,and so on;a variety of procedural legal norms are invoked in the judgment,the legal basis is not unified.The third part discusses many problems existing in the criminal incidental civil public interest litigation brought by the procuratorial organs,including the lack of system rules and the confusion of judicial application.On the institutional level,the role of procuratorial organs in litigation is vague,and there are different roles of public interest litigation plaintiff,plaintiff and public prosecutor;the lack of system leads to the operation of litigation claims in judicial practice to break through the current legislative regulation;the system needs to be unified according to legal norms.At the level of judicial application,there is confusion between different systems,and the judicial practice of evidence collection and proof standards is not smooth,which makes it difficult to carry out this kind of litigation activities effectively.The fourth part puts forward the improvement path of criminal incidental civil public interest litigation,and puts forward the countermeasures from the level of rule system and judicial application as well as supporting facilities.At the institutional level,it is clear that the procuratorial organ has the status of public prosecutor and plaintiff in incidental civil public interest litigation,and embodies the litigation system and related claims in the Criminal Procedure Law.And take the Criminal Procedure Law as the procedural legal basis of the system.At the level of judicial application,procuratorial organs should strictly abide by the judgment standards of social and public interests,strictly take environmental resources and consumer cases as the objective scope,and standardize the investigation and collection of evidence by procuratorial organs,such as applying the standard of proof and collectingevidence.,and strengthen the ability of investigation and evidence collection.At the level of supporting facilities,we should actively strengthen multi-channel cooperation and cooperation among procuratorial organs,not only strengthen the internal mechanism of inter-agency cooperation,but also establish contacts with public security organs and appraisal departments. |
