Research On Procuratorate’s Criminal Incidental Civil Public Interest Litigation System

The Procuratorial organ’s initiation of criminal and incidental civil public interest litigation is a new manifestation of the Procuratorial organ’s exercise of legal supervision power under the judicial reform,and it is also an effective way to safeguard and protect the public interest from harm.At present,Procuratorial organs at all levels in our country are actively exploring the public interest litigation system.On the one hand,the emergence of the criminal incidental civil public interest litigation mechanism protects the social welfare that is infringed or may be at risk of being violated through litigation,and on the other hand,it adopts the same trial as criminal cases Organizing trials has improved the efficiency of litigation on the basis of ensuring fairness and saved limited judicial resources.Therefore,this system has its necessity and rationality.However,my country’s current law provides for civil public interest litigation and administrative public interest litigation.It only provides brief provisions on criminal incidental civil public interest litigation,and does not specify specific implementation procedures.The development of this system mainly relies on the self-exploration of judicial practice by Procuratorial organs at all levels.The diversified development model of Procuratorial organs at all levels in judicial practice,although it is an exploration,also provides effective experience support for the development of the criminal incidental civil public interest litigation system.A comprehensive analysis of the practical dilemmas of Procuratorial organs initiating criminal incidental civil public interest litigation,based on the practice of criminal incidental civil public interest litigation carried out by the procuratorate in D City since the pilot project,statistics on the relevant cases of criminal incidental civil public interest litigation carried out in this city in recent years,the characteristics of the cases,etc.The question leads to specific problems in the judicial practice of criminal incidental civil public interest litigation: substantively,whether the Procuratorial organ can file a criminal incidental civil public interest lawsuit can file a punitive compensation lawsuit.The legal basis is unknown;whether the existence of punitive damages is based on actual damage The premise is that there are differences in practical opinions;in terms of procedures,the communication mechanism between the public interest litigation department and the criminal prosecution department is not smooth,the source of clues for public interest cases is narrow,the type of case is single,and the pre-litigation announcement procedure is vague.Proceeding from the practical point of view,put forward targeted solutions;firstly,the law authorizes the Procuratorial organs to file punitive compensation litigation requests for criminal and incidental civil public interest litigation by substantively legislating public interest litigation;and adapts to the characteristics of public interest litigation cases,and punitive damages are not required.Actual damage is the prerequisite;secondly,Procuratorial organs fully mobilize and operate the "two-law convergence" platform,establish a public interest litigation reporting center,actively accept public interest litigation clues,establish internal coordination mechanisms,standardize case information sharing,and lead transfer mechanisms,etc.Broaden the clues of the case;establish a coordination mechanism between Procuratorial agencies and investigative agencies on early intervention in public interest litigation cases,issue supporting joint signing documents,set up a temporary cooperative case handling team within the Procuratorial agency to achieve simultaneous prosecution by criminals and citizens;finally issue detailed rules for the implementation of pre-litigation announcement procedures.The diversity of announcement carriers and the certainty of announcement time shall be stipulated.Through the overall construction of entities and procedures,with a view to perfecting our country’s Procuratorial organs initiating criminal incidental civil public interest litigation system.