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

In recent years,China’s economy has developed rapidly,and more and more behaviors damaging public interests have appeared in the economic and social fields.In 2017,the Civil Procedure Law defined the procuratorial civil public interest litigation system,and the qualification of procuratorial organs as subjects in civil public interest litigation was clarified.In 2018,the Supreme People’s Court and the Supreme People’s Procuratorate issued a judicial interpretation on the application of public interest litigation,placing high expectations on procuratorial organs in safeguarding the public interest and handling civil public interest litigation cases.How to make effective use of the power of investigation and verification and mobilize its positive role in litigation should not only be studied from the theoretical level,but also experience extracted from practice and sublimated into the understanding of regularity,so as to guide the procuratorial work better.In judicial practice,the procuratorial organ cannot respond to a case only by written materials,but needs to understand the true situation of the case comprehensively and accurately.Only through investigation and verification,knowing the situation of the case,completing the evidence materials,and finding out the truth of the facts,can the violation facts of the illegal actor be determined,so as to accurately crack down on the criminals.The power of investigation and verification belongs to the legal supervision power of the procuratorial organ,which is indispensable in handling civil public interest litigation.How to use the right of investigation and verification correctly and effectively has become an important research subject in the process of actively promoting the procuratorial civil public interest litigation.The full text is divided into three parts,the first part: the theory of procuratorial organ’s right of investigation and verification in civil public interest litigation.This part includes the meaning of civil public interest litigation,the meaning of bringing civil public interest litigation,the concept,nature and necessity of the right of investigation and verification.Through theoretical research to the subject of the most basic understanding.Part TWO: the status quo of the procuratorial organ’s investigation and verification power in civil public interest litigation.In this part,the legislative status quo of the investigation and verification power is analyzed,typical cases issued by the Supreme People’s Procuratorate and the judicial status quo of District C of S city are analyzed,and the obstacles faced by the investigation and verification work are summarized.The third part: combined with the above materials,the author thinks that the investigation and verification right of the procuratorialorgan should be improved from the following three aspects: basic procedure,safeguard measures and supporting working mechanism,and then puts forward his own Suggestions.