Research On The Perfection Of Procuratorial Civil Public Interest Litigation System

The procuratorial civil public interest litigation system has been established in my country for more than three years,during which it produced good social and legal effects.By discussing the legal basis and value function of the procuratorial civil public interest litigation system,it demonstrates the applicability and rationality of the system in our country.To study a system,we must first clarify the application of the system in judicial practice.Through the analysis of judicial data and typical cases in the past two years,the procuratorial civil public interest litigation system of our country should be carried out from the two aspects of legislative and judicial status.Sort out the summary.At present,my country’s procuratorial civil public interest litigation system is still in the period of perfection.The problems at this stage mainly include the narrow scope of the case,imperfect pre-litigation procedures,unreasonable distribution of the burden of proof,weak investigation and verification power,confusion of public and private interests,and other obstacles.The development process of our country’s procuratorial civil public interest litigation system.In response to the above-mentioned problems,by drawing on the legislation of other countries and regions,based on the judicial practice of our country,we will give an operable perfect plan from three aspects: legislative improvement,program design and supporting system construction.In view of the narrow scope of cases,the procuratorial organs of various regions are based on the immediate needs of the people,actively explore the scope of cases,actively and steadily expand forward,and expand the two-pronged approach of “waiting for outside” and “waiting for inside”;Perfect,ensure the good operation of the pre-litigation procedures through flexible setting of the response period and clarification of the legal responsibilities of the eligible subject;for the litigation jurisdiction system,it is resolved by sinking the jurisdiction of public interest litigation;for the unreasonable distribution of the burden of proof,it is argued that “legal requirements should be adopted Composition theory" to allocate the burden of proof.At the level of supporting systems,the establishment of investigation and verification rights protection mechanism,public interest litigation coordination mechanism,public interest litigation special compensation fund system,in order to enrich my country’s procuratorial civil public interest litigation theory.