Research On The Constraction Of The Procuratorial Public Interest Litigation System For Family Matters In China

Just as General Secretary Xi said,"Family harmony leads to social stability,family happiness leads to social harmony,and family civilization leads to social civilization." Family is the smallest set of society,and family relationship is the most important weight for social stability.With the emphasis on public interest protection today,the theory and practice of public interest litigation are continuously deepening,the connotation of public interest has begun to close to the protection of the interests of vulnerable groups,and the expansion of prosecutorial public interest litigation is also actively and steadily advancing.However,there is a lack of protection in the fields of family litigation,such as the determination of family identity relationship,the protection of minors’ interests and the maintenance of marriage and family law order.As a result,the public welfare of family affairs involving public order and good customs,family ethics,children’s interests and the interests of vulnerable groups are constantly infringed.For example,the determination of marriage relationship plays an important role in shaping the hierarchical social structure and improving the expected possibility of the society.If it can be formed and changed at will,the social order will inevitably be chaotic and malignant events will be easily formed.And home inns bursts,the protection of the victim,if failed to provide relief,not only will the lasting harm of body and mind,or even possible victims of "lamb",will cause harm to the marriage and family order,form the social panic,cause group,evoked violence,eventually lead to social conflict,endangering social stability.Perhaps this lack is based on a high belief in "private autonomy",but in fact,in today’s increasingly prominent infringement phenomenon,"private autonomy" in the field of family affairs is essentially in a state of failure or absence.The victim or his interested party is unable or dare not to seek relief on his own initiative due to problems of concept,ability,state,etc.;And should have played an important role in the relevant aspects of the subject,the system,the former because of the vague provisions and the lack of ability,lack of enthusiasm,the exercise of the corresponding right of action in a negative state,the latter also because of the big difference with practice actually idling;However,in the process of trial,the court also needs more "power exploration" to find out the facts of the case because the legal principle and litigation concept applicable to such cases are different from ordinary civil litigation,which bears additional pressure and burden and impacts on the already tight trial resources.These three aspects not only have institutional reasons,but also contain cultural factors,which are not easy to solve,but the protection of family affairs public welfare should not be lost and should not be delayed.As a typical representative of contemporary public welfare protection in China’s procuratorial organs,relying on its matching for maintaining public prosecution and support the prosecution,public interest litigation system for the main body,the system failed to effectively solve the problem,can provide a new train of thought,achieve a better way to solve,the family of procuratorial the construction of public interest litigation is the presentation of the amplification method.On the one hand,family procuratorial public interest litigation meets the requirements of legal theory and procedure,that is,legal supervision and litigation responsibility;on the other hand,it also has more favorable basic conditions for use in comparative law and practice.In addition to the relief of vulnerable groups and the protection of social welfare,the construction of this system will also properly supplement and optimize the functional configuration of the affected procuratorial functions after the reform of the supervision system,so as to promote the better realization of the balance between the procuratorial organs and other organs.At the same time,it will also contribute to the family trial work of the people’s court.By optimizing the proportion of judicial resources,it will share the extra pressure on the power exploration of family public interest cases,find out the case facts better,and realize the division of labor and cooperation.In addition,the legal accomplishment and professional advantages of the procuratorial organ can also be used to strengthen the capacity of the existing subject of responsibility,so that the procuratorial power and all kinds of social forces can form a joint force,and better achieve the goal of public protection of family affairs.Finally,the legal supervision attribute endowed by the Constitution to the procuratorial organs also guarantees the fairness and justice of the trial of family public interest cases and the integrity and effectiveness of the execution.Therefore,the construction of family procuratorial public interest litigation system not only meets the needs of The Times,but also contains great practical significance and research value.In order to promote this system to take root and promote procuratorial organs to better participate in the protection of family affairs,this paper is structured into four chapters based on literature analysis,case analysis,comparative study and other methods.The first chapter,through the discussion of the problems facing China’s family affairs procuratorial public interest litigation,pointed out the current family affairs public interest protection is weak,the lack of relevant theories,legislation and the practice of the procuratorial organs,and analyzed the feasibility of the establishment of family affairs procuratorial public interest litigation system.The second chapter,starting from the connotation of "family prosecution",makes a theoretical analysis on the public interest litigation system of family prosecution through jurisprudence and function,and clarifies the legitimacy and necessity of its emergence.The third chapter,starting from the system of foreign countries(regions)such as France,Japan and the United Kingdom,seeks the experience needed for the construction of China’s family procuratorial public interest litigation system through the investigation of relevant systems.The fourth chapter is based on the above research,combining the reality of our country,in the family the attorney on the problem of the construction of public interest litigation system put forward relevant Suggestions,including housework procuratorial work the basic principle of public interest litigation,claims,case range,the legal status of procuratorial organs,concrete action mechanism,the specific content,supporting measures and so on.