Legislative empowerment, prosecutorial public interest litigation in the future

2023-09-25

This special seminar is of significant milestone significance for a deeper understanding of the procuratorial public interest litigation system and better promoting the legislation of procuratorial public interest litigation. Considering Chinese characteristics from a global perspective and strengthening China's confidence, the procuratorial public interest litigation system is a powerful proof. Looking around the world, limited by political systems, both common law and continental law countries have established systems for prosecutorial civil public interest litigation, but there is little exploration of prosecutorial administrative public interest litigation. Even the prosecutorial civil public interest litigation promoted in a few countries and regions has not yet formed a scale. Compared to this, China's procuratorial public interest litigation system upholds national and social public interests, involves the fundamental interests of the vast majority of the people, and has the greatest universality, fully reflecting the people's dominant position in socialist countries. In practice, procuratorial civil public interest litigation coexists with procuratorial administrative public interest litigation, with procuratorial administrative public interest litigation as the main form; The procuratorial organs adhere to the connection between non litigation supervision and the initiation of litigation, with the priority goal of urging administrative organs to self correct errors before litigation. It is precisely because it is rooted in the socialist system with Chinese characteristics that the Chinese procuratorial public interest litigation system exhibits distinct characteristics of supervision and governance, providing a unique "Chinese solution" for the world problem of public interest protection. It can be seen that formulating a procuratorial public interest litigation law that meets the needs of the times is the essence of further developing and improving the socialist legal system with Chinese characteristics, and it is also an unprecedented opening work in the history of the rule of law in the world, with benchmark significance. From the perspective of judicial practice, prosecutorial public interest litigation has gradually become an independent litigation form that is clearly different from civil litigation and administrative litigation, requiring a specialized legislation. Prosecutorial public interest litigation has a supervisory nature. The procuratorial organs are the legal supervision organs of the country, and the essence of procuratorial public interest litigation is to fulfill the duty of legal supervision. Prosecutorial public interest litigation has synergy. Carrying out procuratorial public interest litigation is not about the procuratorial organs taking over the power of other departments, but about the procuratorial organs based on their legal supervision functions, promoting relevant judicial administrative organs and social organizations to perform their respective duties and collaborate in accordance with the law, and jointly solving the problem of public interest protection. Prosecutorial public interest litigation has openness. The continuous expansion of the field of procuratorial public interest litigation protection is determined by the universality of public interests and the comprehensiveness of maintaining public welfare, and is also in line with the higher requirements of the people for democracy, rule of law, fairness, justice, security, environment, and other aspects after entering the new era. The judicial system originates from practice and should also be developed and improved in practice. From a development perspective, promoting the legislation of prosecutorial public interest litigation is to further promote prosecutorial public interest litigation

Edit:Zhou Shu    Responsible editor:Wang Chen

Source:jcrb.com

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