The Supreme People's Procuratorate issues opinions to promote high-quality and efficient handling of public interest litigation cases

2024-11-28

Recently, the Public Interest Litigation Prosecution Department of the Supreme People's Procuratorate issued the "Opinions on Promoting High Quality and Efficient Handling of Public Interest Litigation Cases (Trial)" (hereinafter referred to as the "Opinions"), emphasizing the strict quality control of cases guided by the "appealability" of public interest litigation. The head of the Public Interest Litigation Prosecution Department of the Supreme People's Procuratorate introduced that during the critical period of legislation on public interest litigation, the "Opinions on Accelerating the Modernization of Procuratorial Business Management in the New Era" was formulated in conjunction with the actual situation of public interest litigation, aiming to promote the high-quality development of public interest litigation procuratorial business and promote the efficient handling of every public interest litigation case with high-level management. It is reported that the "Opinions" are in line with the specific requirements of the "Three Management", transforming the decision-making arrangements and specific requirements of the Supreme People's Procuratorate Party Group into the direction of the construction of the quality and efficiency of public interest litigation prosecution, as well as the detailed measures to discover and solve deep-seated problems in self supervision and case handling, further standardizing and guiding high-quality and efficient case handling, and keeping pace with the times to improve the new mode of public interest litigation prosecution business management. The Opinion consists of 17 articles, including overall requirements, precise and standardized implementation of public interest litigation prosecution and case handling work, strengthening the management of public interest litigation business, case management, and quality management, and improving the guarantee mechanism for high-quality and efficient handling of public interest litigation. The Opinion clarifies the overall requirements for high-quality and efficient handling of public interest litigation cases. The main principles for high-quality and efficient handling of public interest litigation require adhering to the legal supervision essence and positioning of prosecutorial public interest litigation, exerting the institutional functions of supervision and coordination to solve the problem of public interest damage, and effectively prioritizing the goal of pre-trial public interest protection, while realizing judicial value guidance through the confirmation of "litigation". The Opinion provides clear provisions for the precise and standardized implementation of public interest litigation prosecution and case handling work. Request to strictly control the quality of cases and ensure substantive fairness through the guidance of the "appealability" of public interest litigation. It is necessary to accurately grasp the four elements of "qualified litigation subject", "illegal behavior", "fact of public interest damage", and "clear legal authorization". We need to enhance the standardization of various stages of case handling, such as filing, consultation, and prosecutorial suggestions, to ensure procedural fairness. To promote the improvement of social governance, in order to enhance the efficiency of handling public interest litigation cases and promote social justice. The Opinion requires strengthening the management of public interest litigation business, case management, and quality management. We need to establish a standardized system for handling cases that is in line with the characteristics of public interest litigation, explore the construction of high-quality and efficient standards and evaluation systems that are in line with the value of the prosecutorial public interest litigation system, regularly analyze and evaluate the operation and development trends of public interest litigation prosecutorial business, fully leverage the effectiveness of the training mechanism for high-quality and efficient case handling, strengthen the management of public interest litigation handling processes, and deepen the refinement and implementation of case quality inspection work. The Opinion points out that it is necessary to improve the guarantee mechanism for high-quality and efficient handling of public interest litigation cases. Request to expand the public participation mechanism for public interest litigation prosecution, continuously optimize the functions and volunteer team of the "Yixin Weigong" volunteer prosecution cloud platform, and further leverage its supportive role in high-quality and efficient case handling. (New Society)

Edit:Rina    Responsible editor:Lily

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