Research On Food Safety Procuratorial Civil Public Interest Litigation System

With the deepening of judicial reforms,China proposed in 2014 the Fourth Plenary Session of the Eighteenth Central Committee of the Party to "explorate the establishment of a public interest litigation system for procuratorial organs." On the basis of the Constitution and the Food Safety Law,together with the amendments to the Administrative Procedural Law,Civil Procedure Law and the Organization Law of the Procuratorate,a public welfare litigation system for food safety filed by the procuratorate was formally established in the legislative form.After a two-year pilot period and a three-year practice period,the number of food safety public interest litigation cases has increased,the scope of supervision has gradually expanded,and the awareness of food safety has increased.The procuratorial organ has filed a food safety public interest litigation system and achieved good social effectiveness.At the same time,on the basis of summarizing the relevant legislation and practice of the existing public interest litigation system,it sorts out the problems that China’s procuratorial organs have filed for food safety public interest litigation.The problem is mainly due to the limitation of the main body of food safety public interest litigation,which results in the infringement of most food safety public interests.The prosecution agency has insufficient motivation to file food safety public interest litigation.The impact of protection,policy document orientation,and public opinion orientation on food safety cases is serious,and there is a suspicion of selective public interest litigation;the procuratorial organs filed a food safety punitive compensation system that is not perfect,food safety violation costs are low,and food safety accidents occur frequently.In view of the above problems,this paper examines the group lawsuit system and the representative prosecutor’s lawsuit system and compensation mechanism in the civil law countries represented by France and Germany and the Anglo-American law countries represented by the United States through data analysis and comparative research.The common experience between the two countries enlightens the procuratorate of our country to file a food safety public interest litigation system.Finally,we specifically put forward suggestionson the procuratorial organ as the second main body of food safety public interest litigation,the establishment of supervision and incentive mechanisms,and the improvement of the punitive compensation system are put forward to put forward relevant recommendations to enhance the protection of public food safety interests in our country,and promote the prosecution organ of China Improvement of the security public interest litigation system.