The Conflict and Coordination Between the Procuratorial Organ Bringing Civil Public Interest Litigation and Its Responsibilities of Trail Supervision

Liu Xiaochun

doi:10.11648/j.ss.20180704.14

Abstract

The establishment of public interest litigation system in China, it is a great significance to strengthen the protection of social public interests. However, when the procuratorial organ bringing civil public interest litigation, there is a certain degree of conflict with the trial supervision duties that it undertakes. This kind of conflict is manifested in a conflict of the dual identity, the conflict of the nature of the role and the conflict of value pursuit. These three kinds of conflicts not only affected the balance of civil litigation structure but also affected the credibility of civil trial results. Therefore, there is an urgent need to restrict the relevant litigation rights and litigation obligations of procuratorial organs in civil public interest litigation, adjust the time for performing its trial supervision duties, etc., in order to construct a reasonable system to coordinate these conflicts, giving full performance to the role of procuratorial organs in protecting social public interests.

Highlights

According to the relevant provisions of Article 55 of China’s newly revised Civil Procedure Law, the public interest litigation system has been officially established in China
The traditional inertial thinking of "the court and the procuratorate are together" will intensify the feeling of injustice and cause the defendant to distrust and even dissatisfaction with the court’s decision. It should be established and improve the relevant systems of such civil public interest litigation as soon as possible, refine and perfect specific lawsuit procedures to coordinate the above three types of conflicts and eliminate the negative impacts brought by these civil litigation activities
The civil public interest litigation brought by the procuratorial organs can achieve the fundamental purpose of maintaining the social public interests and achieving social fairness and justice

Summary

Introduction

According to the relevant provisions of Article 55 of China’s newly revised Civil Procedure Law, the public interest litigation system has been officially established in China. The "Meeting Bulletin" which has passed at the Fourth Plenary Session of the Eighteenth Central Committee of the Party, it is put forward to exploring the opinion of the establishment of procuratorial organs to initiate public interest litigation system. This opinion has long-standing subsided in academic circles to controversy over whether the procuratorial organ has been able to initiate civil public interest litigation, promote the further development of China's public interest litigation. It is necessary to discuss this problem in some detail

The Conflict of the Dual Identity

The Conflict of the Nature of Role

The Conflict of Value Pursuit

The Principle of Coordination of Two Roles

Litigation Rights and Obligations of Procuratorial Organs in Proper Limit

Conclusion