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Research On The System Of Civil Public Interest Litigation Incidental To Criminal Activities Of Procuratorial Organs

Posted on:2022-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:N N ZhangFull Text:PDF
GTID:2506306497973299Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The procuratorial public interest litigation system in China has been the focus of the judicial reform for years.Private interest litigation protects individual interests from infringement,while public interest litigation protects social interests from loss,But it is also indirectly connected with social individuals.In the second half of 2015,a two-year public interest lawsuit was launched nationwide.The procuratorial organs actively exercise the supervisory power of the procuratorial organs and focus on public interests.The procuratorial organs’ pilot work of public interest litigation is progressing smoothly.Projects in 2018 published"about procuratorial public interest litigation cases to explain some issues of applicable law(hereinafter referred to as the" procuratorial pil explain"),the provisions of the criminal incidental civil public interest litigation is a new type of lawsuit system,especially in the field of ecological environment and food drugs criminal cases in the field of consumer rights and interests protection is widely adopted.However,according to the current judicial practice and the preparatory work carried out in accordance with the judicial interpretation and legal system,there is no legal basis for prosecution,the scope of prosecution is limited,the provisional procedure for filing an application and the content of the application is ambiguous.Load distribution.Enforcement of civil and criminal proceedings.In order to overcome this problem,there is an urgent need for further investigation and solutions to existing problems,so that legal procedures in the public interest should be designed in a way that promotes the public interest.By means of literature theory research and case statistical analysis,this paper comprehensively explores the optimization path of the system from five perspectives,including the subject of prosecution,scope of prosecution,level jurisdiction,procedure and rules,and puts forward corresponding solutions.Except for the introduction and conclusion,the whole article consists of five parts.The first part of the content is usually a description of crimes committed by law enforcement agencies.This article mainly optimizes this work through the statistical analysis of literary works,cases and other theoretical research methods,the prosecution’s scope of prosecution and the standard scope of five systems.In addition to the introduction and the end,the whole article consists of five parts.First of all,the first part explains the main concepts and characteristics of the criminal procedure system of the state prosecutors.Please explain that compared with related systems,this system has produced a complete theoretical framework and deepened the understanding of the system.The second part will be mainly used to analyze the necessity of prosecutors’ interest disputes in criminal proceedings,which requires a deep understanding of the judicial system and providing theoretical and political support for legal practice.Then,the third part will conduct statistical analysis on the important data collected from these cases,and explain in detail the actual operation of the system under normal circumstances.In the fourth and fifth parts,this chapter takes the main themes and other views as the main parts,procedures and rules.The data analysis in the previous chapter puts forward solutions and suggestions to establish new ideas and actions.China’s Criminal Procedure and Civil Law.
Keywords/Search Tags:The procuratorial organ, Civil public interest litigation incidental to criminal activities, Civil liability sharing, Social public interest
PDF Full Text Request
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