Research On The Investigation And Verification Right Of Procuratorial Civil Public Interest Litigation

The right of investigation and verification is an important guarantee for procuratorial organs to perform the function of public interest litigation.Procuratorial organs collect evidence and materials through investigation and verification,determine the fact that public interest is damaged,and then safeguard the public interest by filing lawsuits or supporting prosecutions.But at present,the related laws of our country only has the principled stipulation to the procuratorial public interest litigation investigation and verification,and the provisions of judicial interpretation are not detailed and clear.Under this background,procuratorial organs are faced with many difficulties in exercising the right of investigation and verification in civil public interest litigation.There is also a great dispute in the academic circle over the investigation and verification right of procuratorial civil public interest litigation,and no unified view has been formed.The current research on the procuratorial civil public interest litigation investigation and verification power mainly focuses on its nature,coercive force and other aspects,the procuratorial civil public interest litigation investigation power system has not been completely discussed and designed.In this paper,comparative analysis method,case analysis method and other research methods are used to further explore the investigation and verification right of procuratorial civil public interest litigation on the basis of the above research:First,it clarifies that the right to investigate and verify procuratorial civil public interest litigation is the right of procuratorial organs to investigate,verify,and collect the facts that constitute the violation of public interest in the pre-trial and initiation stages in the process of handling civil public interest litigation cases.It is obviously different from the civil and administrative procuratorial supervision,investigation and verification rights,the parties’ investigation and evidence collection rights,and the court’s investigation and evidence collection rights.The exercise subject of procuratorial civil public interest litigation investigation and verification right should be implemented at the micro level.The auxiliary subject such as procurator and procurator assistant should become the basic subject of power,and the object of exercise should be extended from parties and outsiders to other organizations and administrative organs.Based on the dual identity of plaintiff and legal supervisor,the right of investigation and verification has both public and private attributes.Secondly,it further studies the basic theory of the investigation and verification right of procuratorial civil public interest litigation,and makes it clear that the investigation and verification right of procuratorial civil public interest litigation is an important means for procuratorial organs to perform the function of legal supervision,and an important prerequisite for procuratorial organs to bring civil public interest litigation.It has the basic function of realizing legal supervision,finding out the case facts and protecting civil public interest litigation.It also has the value of balancing the legal order between the procuratorial organ and other subjects,maintaining the balance of the litigation structure and safeguarding the public interest.Third,the theory of foreign public interest litigation is more mature and perfect than our country.Foreign provisions on the investigation and verification right of procuratorial civil public interest litigation have some reference significance to our country.For example,there are mandatory provisions on the obligation of cooperation and legal consequences of the subject under investigation,which makes the right of investigation and verification more rigid in the exercise process.Comparatively speaking,our country only provides that the subject under investigation has the obligation to cooperate with the procuratorial organs in exercising the right of investigation and verification.There are insufficient provisions on legal consequences of not cooperating,and the effect of exercising the right of investigation and verification is difficult to guarantee.Drawing on foreign experience provides a path for better improving our procuratorial civil public interest litigation investigation right.Fourth,through the use of judicial practice cases,from the point of practice to reveal the existing problems in the investigation and verification of procuratorial civil public interest litigation investigation and verification procedures,investigation and verification methods are not standard,investigation and verification content is different,investigation and verification standards are not suitable.The specific reasons are mainly the lack of specific provisions on the initiation procedure of investigation and verification,the lack of provisions on the protection of coercive power of investigation and verification,the lack of detailed explanation of investigation and verification content,and the unclear provisions on the application of proof standards.Fifth,on the basis of the above practical problems and reasons,we put forward a path to realize the operation of procuratorial civil public interest litigation investigation and verification right,namely,clearly stipulate the launching procedure of investigation and verification,improve the protection of investigation and verification right,clearly limit the scope of investigation and verification,clear stage of proof standard and establish a sound supervision and restriction mechanism.