The development and improvement of public interest litigation by procuratorate in China:An empirical analysis based on related data from 2017 to 2019
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D926.3;D925

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    Abstract:

    With full operation of two years, the public interest litigation by procuratorate in China appears new tendency which needs to be studied. This study reaches some conclusions based on the judicial data between 2017 and 2019 which shows some new phenomenon of the mechanism of the public interest litigation by procuratorate since the amendment of the Administrative Procedure Law and the Civil Procedure Law. On the whole, the number of cases handled by judicial organs and procurational organs has increased, and active exploration has been carried out on the improvement of the litigation rules. Meanwhile, there is also an obvious gap in the number of cases handled by different regions, and basic-level people's procuratorates are the main force in handling cases. Besides, the number of administrative public interest litigation cases has sharply decreased, and the weight of handling cases has shifted to criminal incidental civil public interest litigation cases. The number of procuratorial public interest litigation cases is rapidly increasing, but the rate of performing pre-litigation procedures and filing lawsuits is decreasing. The main reason for such situation is that the reform of the internal organizational structure of the procurational system has brought about the improvement of the ability of handling cases, and the Party Committee and the National People's Congress have strengthened their support for the mechanism of procurational public interest litigation, which resolving some obstacles in the operation of the mechanism. The study proposes to further improve the procurational public interest litigation system from four dimensions: inside, outside, wide and deep, which repuests to promote the internal integration of public interest litigation by procuratorate and the other three procuratoratorial tasks, to establish the coupling of public interest litigation by procuratorate and law based government, to explore and expand the scope of accepting cases, and to construct the litigation mechanism according to the needs.

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刘艺.我国检察公益诉讼制度的发展态势与制度完善——基于2017—2019年数据的实证分析[J].重庆大学学报社会科学版,2020,26(4):173~183

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History
  • Received:April 26,2020
  • Revised:
  • Adopted:
  • Online: August 17,2020
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