The Predicament And Way Out Of Juvenile Prosecutorial Public Interest Litigation

Minors are the future of a country and the driving force behind social development.The group of minors has particularity and vulnerability,requiring the procuratorial organs to initiate public interest litigation to intervene and protect.The newly revised "Law on the Protection of Minors" in 2021 grants procuratorial organs the right to initiate public interest litigation for minors,providing legal support for public interest litigation for minors.Procuratorial organs at all levels actively carry out exploration work on public interest litigation for minors.However,at the legislative level,there are issues such as insufficient legal supply and unclear regulations on the scope of cases.At the level of judicial practice,there are problems with inadequate execution of procuratorial recommendations by procuratorial organs,as well as incomplete rectification by administrative organs.In order to solve the problems existing in public interest litigation for minors,by summarizing the existing exploration experience of procuratorial organs,drawing on excellent practices in guiding cases,and combining with the practical needs of protecting the rights and interests of minors in China,specific countermeasures and suggestions are proposed to solve the problems.Under the principle of "listing+summarizing" in public interest litigation,clarify the criteria for determining the scope of cases,list key areas,and achieve reasonable expansion of the scope of cases;Improve legislation within the field,establish a sound punitive compensation system,and enhance the legal support and deterrence of procuratorial organs in conducting public interest litigation for minors;By innovating the mechanism for discovering clues,strengthening the investigation and evidence collection capabilities of procuratorial organs,improving the assessment system of procuratorial organs,improving the quality of procuratorial suggestions,establishing a pre litigation communication mechanism,and a long-term supervision mechanism,the overall quality and efficiency of the work of procuratorial organs and relevant administrative organs are improved,and problems such as difficulty in discovering clues,difficulty in investigating and providing evidence,uneven quality of procuratorial suggestions,inadequate pre litigation performance of administrative organs,and incomplete rectification and governance are solved.