Research On Prosecutorial Organs Initiating Criminal Collateral Civil Public Interest Litigation

In recent years,cases of destroying ecological environment and resources and infringing on consumer rights and interests have been increasing.At the same time,with the continuous development of public interest litigation,the procurator organ,as the main body of public interest litigation,has continuously exerted its own advantages and made achievements in protecting public interests.Based on the consideration of saving judicial resources and improving the efficiency of public interest litigation,a system of criminal and incidental civil public interest litigation by procurator organs came into being.Since the current normative documents stipulate the system too much in principle,there are only a small number of specific legal guidelines,and there are conflicts in the procedural part.Therefore,it is difficult to unify the practices in practice.Procuratorate’s criminal and incidental civil public interest litigation has three characteristics: procedural incidentally,public interest in the object of litigation,and dual effect.It shows that it can achieve the two major effects of criminal and civil litigation.At the same time,it conforms to the principles of public interest law and can be better.The proper use of the supervisory functions of the procurator organs reflects the necessity of the system.The Constitution,other relevant legislation and judicial practice have also laid the realistic foundation of the system.There are many problems in the actual application of the system.In terms of the scope of the case and the legal basis,the existing judicial interpretations should be strictly followed.At the same time,the litigation status of the procurator organs should be clarified,using the term "incidental civil public interest litigation public prosecutor".In terms of the scope of litigation claims,the scope of application of restorative justice should be expanded in environmental public interest litigation,and the application of new environmental infringement responsibilities should be regulated;prosecutors should support the prosecution to claim punitive damages in many cases of infringement of consumer rights.Regarding the application of procedural rules,the criminal jurisdiction system should be improved.While the public interest litigation part is accompanied by the criminal part under the jurisdiction of the basic people’s court,transfer jurisdiction is added as a supplement,and jurisdiction objection procedures are set up to restrict it;the pre-litigation announcement procedure should be strengthened and mediation procedures can be applied to a limited extent in litigation.Legislation still needs further refinement and improvement,to guide the procurator organs to better implement their legal supervision functions,and further enhance their protection role in the field of social public interest.