My Country's Criminal Incidental Civil Public Interest Litigation Research

At present,the development of the rule of law in my country has ushered in a new journey by riding the wind and waves and overcoming obstacles.At the same time,the construction of the rule of law covering many fields is in full swing.blueprint.With the continuous exploration and deepening of the public interest litigation system by various local judicial organs,the system has achieved excellent results and feedback in judicial practice.Based on the latest achievements in the development and improvement of the public interest litigation system.The system aims to safeguard social public interests through litigation.In this mode,the procuratorial organ initiates a lawsuit and the same judicial personnel are assigned to handle both criminal and civil parts at the same time.Under the fundamental premise of ensuring the realization of the dual justice of the procedural entity,the efficiency of litigation and the efficient use of precious judicial resources are completed.As a new type of litigation system,it is complex in itself,involving two systems of criminal litigation and civil litigation.At the same time,the relevant legal provisions are insufficient,and the provisions related to the lawsuit are relatively general,so there are many disputes in the theory of the system,and many problems are gradually exposed in judicial practice,which affects the further development of the system itself.Therefore,we need to conduct more indepth research and discussion on how to organically combine theory and practice,make overall plans,so that the system can continue to evolve and improve,so that it can better achieve the purpose of safeguarding social and public interests.Starting from the specific judicial practice,this paper adopts the big data analysis method,and based on a certain range of litigation cases that meet the screening conditions,it studies and analyzes some of the problems and key disputes encountered in the full implementation of the system under the current situation.The first part of the article first introduces the background information of the civil public interest litigation incidental to criminal law in our country,and compares it with other litigation systems in our country,showing the characteristics of the system itself.The second part briefly describes some systems of extraterritorial public interest litigation,in order to achieve the effect of maximizing strengths and circumventing weaknesses by learning from some favorable factors.The third part,by sorting out the collected data,shows the various difficulties and dilemmas exposed by the practice of my country's criminal incidental civil public interest litigation behind the data,and combines its own views with various viewpoints of the academic community to develop from multiple perspectives Analytical discourse.Finally,after the above-mentioned series of stripping,the following opinions and suggestions are given: that is,to clarify the litigation status of the procuratorial organs,the first instance is the "accidental civil public interest litigation plaintiff",the second instance is the "appellant",and the retrial is the "protester";Broaden the scope of the cases,not stick to the limitations of charges,and actively explore some important areas in today's society,such as: anti-monopoly,Internet,etc.;affirm the addition of punitive damages-related mechanisms and briefly explain the specific reasons;put forward the idea of building a supervision mechanism of multi-departmental coordination and mutual connection;at the end of the article,put forward suggestions for reference from other regions based on the above analysis,hoping to provide a modest force for the construction of my country's criminal incidental civil public interest litigation system.