Research On The Legal Issues Of Procuratorial Organs Filing Criminal Incidental Civil Public Interest Lawsuits

Food/drug safety is closely related to People's Daily life.The reasons why food/drug safety incidents have been widely mentioned all the time can not be separated from the following points: First,the administrative supervision with food/drug safety as the main body has not been put into place yet.As a result,food/drug consumers can not find a regulatory mechanism to appeal when their interests are damaged in specific consumption.The current food/drug safety administrative supervision is far from the reality in the pre-prevention and post-punishment,which seriously affects the stability of the society.Second,it is difficult for ordinary food/drug consumers to protect their rights.This is because ordinary food/drug consumers,difficult to compete with large food enterprises and drug groups,resulting in their own litigation ability reduced,thus increasing the difficulty of their own rights protection.Finally,with the frequent occurrence of food infringement incidents,the representative litigation system,which focuses on food/drug safety,has long been unable to meet the needs of real life,so that people's use of this system has gradually decreased.Because of this,at the moment when the public's demand for food/drug safety is increasing day by day,promoting the close connection between the public interest litigation system and food/drug safety has become the main expectation of current consumers.The overall research framework of this paper is divided into the following parts: "Summing up the legal basis and the current situation of practice-analyzing cases-and putting forward problems-solving problems".First of all,the content of the existing criminal incidental civil company litigation is clear,and the specific basis of its application is understood,and whether the criminal incidental civil public interest litigation can be better applied to the food and drug field,to enhance the connection between the two.Secondly,Chinese network as the main site of case collecting written judgment,and in the site collection and in the fields of food and drug criminal incidental civil lawsuit case company,after analysis,select 50 most representative cases,and the overall situation of the case and the performance characteristics of in-depth analysis,finally found the criminal incidental civil public interest litigation exist the following problems: first,the lack of a clear legal provisions;Second,the pre-lawsuit procedure is not clear;Third,the scope of jurisdiction is not standard;Fourth,the litigation claim is more controversial;Fifthly,there are some difficulties in investigation and evidence collection.Finally,the author hopes to promote the standardization and improvement of relevant laws and regulations of criminal incidental civil company litigation through his own efforts,and promote the proposal and improvement of corresponding countermeasures by banning and standardizing unnecessary procedures.