On The Status Of Procuratorial Organs In Civil Public Interest Litigation

It has been nearly five years since the procuratorial civil public interest litigation system was formally introduced into law.During this period,the development of civil public interest litigation has entered a fast lane,and the number of cases has increased exponentially year by year.At the same time,the number of civil public interest litigation cases filed by administrative organs and other organizations is small,and the number of procuratorial public interest litigation cases has increased significantly.Through practical investigation,it is found that the procuratorial organs have become the main force of civil public interest litigation,and the nationalization trend of civil public interest litigation is becoming more and more obvious.At the same time,through theoretical investigation,it is found that the current theoretical disputes about the status of procuratorial organs in civil public interest litigation are fierce,and there are three key theoretical issues: the role of procuratorial organs in civil public interest litigation,the role of procuratorial organs in civil public interest litigation,and the role of procuratorial organs in civil public interest litigation.The subject’s order of prosecution,and whether the procuratorial authority’s right to investigate and collect evidence is mandatory.This paper takes the basic theory and development status of my country’s procuratorial civil public interest litigation system as the breakthrough point,examines and demonstrates from the perspective of theory and practice,and draws on relevant foreign legislative experience to establish the status of procuratorial organs in the field of civil public interest litigation,and puts forward suggestions for improving the system.to balance its relationship with other civil public interest litigation plaintiffs.Based on the concept of procuratorial civil public interest litigation,the attributes of procuratorial power and the theory of civil litigation structure,this paper clarifies that procuratorial organs have the subject qualifications of civil public interest litigation and the source of their litigation rights is legal supervision.On this basis,this paper discusses three key theoretical issues related to the determination of the status of procuratorial organs,and puts forward the viewpoints of this paper while evaluating the existing theories: the role of procuratorial organs in civil public interest litigation is "ordinary plaintiffs",and procuratorial organs should insist on In the final order of prosecution,the procuratorial organ and other litigants enjoy equal rights of investigation and evidence collection.At the same time,it conducts practical investigations from the macro and micro levels respectively,and points out that the main problems existing in the procuratorial civil public interest litigation are: the poor performance of the pre-litigation procedure in civil public interest litigation,the absence of plaintiffs in other civil public interest litigation,and the procuratorial organs’ outstanding power to compel investigation and evidence collection Wait.In order to solve the theoretical and practical problems,this paper analyzes the legislative models of France,Germany,the United States,and the United Kingdom,and puts forward specific suggestions for improvement based on the specific conditions of our country.Ordinary plaintiffs”;in terms of prosecution procedures,strengthen the operability of pre-litigation procedures,and add mechanisms to encourage other qualified subjects to exercise their right to sue;in terms of investigation and evidence collection,cancel the right of procuratorial organs to initiate criminal incidental civil public interest lawsuits,so that the procuratorial organs can cooperate with Equality of other parties’ right to investigate and obtain evidence.