Research On Civil Public Interest Litigation Incidental To Criminal

As a new type of complex system,Criminal incidental civil public interest litigation involves both criminal and civil proceedings,which reflects the complexity of the whole.In addition,the regulations on this litigation model are extremely general,which has caused many problems in practice and seriously affected its own development.In order to study the criminal incidental civil public interest litigation better,this article will explain from the following four aspects: First,starting with the civil public interest litigation and criminal incidental civil litigation,analyze the concept and characteristics of criminal incidental civil public interest litigation.Then compare it with three similar systems to make the theoretical foundation of criminal incidental civil public interest litigation more solid.Secondly,through the analysis of 3270 judgment documents of criminal incidental civil public interest litigation in 2020,the present practice situation of this litigation has to appear.Then,according to the practical situation,it has the following problems: blind application,nature disputes,unclear status of the procuratorate agency,unclear pre-suit announcement procedure,jurisdictional difficulties,evidence issues,applicable mediation disputes,lack of the execution supervision system,insufficient legal basis.Finally,this article gives the following suggestions for the questions raised.The criteria for selecting the criminal incidental civil public interest litigation is be formulate,and clarifying its essence is a public interest litigation.In addition,clarify that the procuratorial organ should be the "plaintiff in a criminal incidental civil public interest litigation" in this litigation.Strictly implement the pre-suit announcement and reflect it in the judgment document.Moreover,the jurisdiction should be based on the jurisdiction of the primary court,supplemented by the jurisdiction of the higher court.The power of investigation and collection of evidence will expand,and the burden of proof and the standard of proof are differentiated according to their nature.And the mediation can be explicitly applied in this litigation.The execution supervision system that connects multiple departments is constructed,and a victim supervision mechanism is introduced.Then it proposes to include criminal collateral civil public interest litigation in the Criminal Procedure Law.