On The Perfection Of The System Of Procuratorial Organs Initiating Minors’ Civil Public Interest Litigation

The juvenile public interest litigation system means that when the physical and mental health and legitimate rights and interests of an unspecified majority of minors are at risk of being infringed or violated due to the illegal acts or omissions of natural persons,legal persons,or other organizations,the law grants specific legal rights.A system in which organs and organizations have certain powers to file lawsuits in people’s courts to safeguard the interests of minors.Because minors are vulnerable groups and lack sufficient material and spiritual foundations,when their legitimate rights and interests are violated,it is often difficult to safeguard their rights.Therefore,a stronger litigation subject and litigation system are needed to safeguard their legitimate rights and interests.The protection of minors in my country has always been lacking in the field of civil justice.Although the law stipulates that all levels of state organs,government departments,social organizations,and individual citizens have the obligation to protect the physical and mental health and legal rights of minors.But it also indirectly caused the embarrassment of "anyone can manage,no one cares".In October 2020,the amendment to the Law on the Protection of Minors was voted through and implemented in June of the following year.The newly revised "Law of the People’s Republic of China on the Protection of Minors" has revised and added a number of provisions that are conducive to the protection of minors,and is committed to solving urgent and pressing issues concerning the legitimate rights and interests of minors from multiple perspectives and in an all-round way.,including but not limited to guardian failure in custody,campus bullying,sexual assault,Internet addiction and other aspects.Among them,Article 106 clearly stipulates the public interest litigation system for minors,and stipulates that the procuratorial organs shall protect the lawful rights and interests of minors as the last line of defense when the lawful rights and interests of minors are unprotected and cannot be guaranteed.To a certain extent,the legislative amendments have made up for the lack of ways to protect the rights of minors in the past,and alleviated the "tragedy of the commons" phenomenon that has always existed in the field of minors protection.The procuratorial organ’s system of bringing juveniles’ civil public interest litigation has the characteristics of special protection of objects,advantages of initiating subjects,and initiative in the initiation of procedures.This system makes up for the lack of relief in traditional juveniles’ private interest litigation,and at the same time complies with juveniles.The value of protection needs,and it can enrich the power of procuratorial organs to safeguard the public interests of minors,which is of great significance.With the revision of the "Law on the Protection of Minors",the procuratorial organs have actively carried out the practice of bringing juveniles’ civil public interest lawsuits all over the country,accumulating a lot of experience,but there are also some problems,such as the scope of accepting cases is not clear,the source of clues for cases Narrow,general provisions on pre-procedures,narrow scope of courts with jurisdiction over cases,unclear provisions on litigation claims,and imperfect provisions on investigation and evidence collection.In view of the unclear provisions on the scope of cases,it is recommended to clarify the scope of cases,including campus and surrounding security cases,network and information security cases,cases of illegal employment of child labor,and other cases of violation of the rights and interests of minors.Provisions on sources of clues: establish a platform for accepting reports from the masses,a platform for sharing clues for handling cases,and a system of people’s observers;for the pre-procedures to be general,the pre-procedures should be refined: the pre-procedures may be omitted or terminated in advance in emergencies,and the procuratorial organs may be required to Actively fulfill the obligation to support the prosecution and appropriately shorten the announcement period;for the narrow scope of the jurisdiction court,the scope of the court with jurisdiction for such cases should be expanded,such as giving jurisdiction to the court where the minors domiciled and the courts where the minors protection organization is located.If the provisions on litigation claims are not clear,it is possible to clarify the litigation claims of procuratorial organs for juvenile civil public interest lawsuits:preventive litigation claims pay more attention to long-term protection,and provide for punitive damages litigation claims;To improve the problem,the relevant provisions on investigation and evidence collection can be improved,such as clarifying the initiation mechanism of the investigation warrant procedure when procuratorial organs bring juvenile civil public interest lawsuits,giving procuratorial organs a certain compulsory force in investigation and evidence collection,and paying attention to the investigation and evidence collection process.Special protection for minor witnesses and victims.By putting forward concrete and feasible improvement suggestions on relevant issues,it is hoped that the legal rights and interests of minors will be more fully protected from the legislative level.