Procuratorial Organs Research Articles

Role Optimization and Strategic Adjustment of Procuratorial Organs in Promoting Corporate Compliance Construction from the Perspective of Environmental Pollution Crimes

Role Optimization and Strategic Adjustment of Procuratorial Organs in Promoting Corporate Compliance Construction from the Perspective of Environmental Pollution Crimes

Dilemma and Solution: On the Prosecution Subject of Civil Public Interest Litigation for Personal Information Protection

Combined with the judicial practice of personal information protection civil public interest litigation and the provisions of Article 70 of the Personal Information Protection Law, there is a great controversy between the theoretical and practical circles on the subject of such litigation. Although the existing provisions define the subject of prosecution as three categories: the people’s procuratorate, the consumer organization stipulated by law and the organization determined by the national network and information department, the problems of unclear scope of the subject, unclear scope of functions and unclear order of prosecution have not been solved. In order to improve the effectiveness of the protection of personal information rights and interests, we should clarify the scope of the functions of each prosecution subject, straighten out the order of prosecution, confirm the status of the procuratorial organ as a supplementary prosecution subject, expand the scope of “consumer organizations stipulated by law,” and clarify the conditions of “organizations determined by the national network information department.”

Research on the Chinese Government's Administrative Law Enforcement Supervision Issues in the Chinese Government

Overall, the legal basis for the Chinese government's administrative law enforcement, procuratorial and supervisory work is far from sufficient. Currently, there are no laws and regulations that clearly stipulate the functions and supervision procedures of the government's administrative law enforcement, procuratorial and supervisory work.There are also no specific case-handling procedures within law enforcement agencies for accepting and handling administrative supervision cases, making it difficult to fully carry out government administrative law enforcement supervision cases.In addition, due to the lack of legal provisions, the authority and effectiveness of supervision have been weakened. Only the coordination between the procuratorial organs and administrative agencies can effectively solve the existing problems. On the basis of analyzing the existing problems and causes of administrative law enforcement supervision by the Chinese government, this paper puts forward corresponding countermeasures in order to play an effective role.

检察机关对未成年人犯罪的预防与矫正研究

检察机关对未成年人犯罪的预防与矫正研究

Comparative Law Perspective of China’s Procuratorial Organs Enterprise Compliance Non-Prosecution Discretion Analysis

Comparative Law Perspective of China’s Procuratorial Organs Enterprise Compliance Non-Prosecution Discretion Analysis

Research on the leading position of procuratorial organs in the process of applying the leniency system of guilty plea

Research on the leading position of procuratorial organs in the process of applying the leniency system of guilty plea

A Study on the Role of Supervisory Functions of the Procuratorial Organs in Consumer Public Interest Litigation

A Study on the Role of Supervisory Functions of the Procuratorial Organs in Consumer Public Interest Litigation

China's marine environmental public interest litigation: current situation, challenges, and improvement approach –analysis based on 339 cases

Marine pollution and ecological damage seriously undermine economic and social development and human life and health and threaten the sustainable development of human society. With the rapid development of industrialization and urbanization and the intense exploitation of marine space and marine natural resources, China’s marine ecology is facing serious problems such as pollution of marine waters, the decline of marine plant and animal resources, and the impairment of the ecological function of coastal zones. China’s marine environmental public interest litigation (MEPIL) has achieved remarkable results in protecting marine natural resources, safeguarding the marine ecosystem, and preventing marine pollution and ecological damage. The paper closely combines the judicial practice of Chinese MEPIL, exploring 339 legal cases brought by administrative organs, public prosecutors, and non-governmental organizations (NGOs) presented on the China Judgment Online from 2018 to 2023. It can be concluded that three modes of MEPIL, namely civil, administrative, and civil public interest litigation incidental to criminal proceedings, have been constructed. Attempts have been made to confirm the standing of the litigation, improve the pre-litigation procedure, and clarify the types of compensation. However, significant obstacles exist in China’s MEPIL. Theoretical clarifications and practical distinctions with other types of proceedings should be made. The current standing should be improved regarding procuratorial organs, administrative authorities, and social organizations. Court jurisdiction systems need to be enhanced. Inconsistencies in the legal provisions on whether MEPIL cases must be under the exclusive jurisdiction of the maritime courts have impeded the efficiency of the handling of cases. The corresponding solutions to the aforementioned obstacles are also analyzed. Clarifying the MEPIL’s nature and improving the relevant laws, and regulations, are essential measures. In addition, providing the explicit interpretation of the legal provisions, expanding the standing, and improving the jurisdictional and other legal system should be explored.

The research on an electronic evidence forensic system for cross-border cybercrime

In response to cross-border cybercrime, investigative organs have adopted cross-border criminal forensic measures such as online public extraction, remote electronic data inspection and real-time monitoring, which may violate the principles of data sovereignty and judicial assistance. While promoting the establishment of a cross-border cooperation mechanism, China should establish a new cross-border electronic evidence criminal forensics model by promoting the procedural justification of cross-border search and monitoring measures. To better regulate cross-border criminal forensics activities, it is necessary to improve the cross-border cybercrime procuratorial organs system to intervene in advance and guide investigations.

New Procuratorial Role in Marine Environmental Public Interest Litigation

Abstract Recent developments in marine environmental public interest litigation in China raise questions about the procedure and operation of the procuratorial organ – a body that can support public interest aspects of litigation. This article examines the legal basis of public interest litigation in both a civil and criminal context. It considers the practice of other States, including the United States, as a point of comparison. A key issue is to determine the meaning of public interest, and how this relates to national or social interests, since this will influence the work of procuratorial organs.

Research on Subject Qualification of Anti-Monopoly Civil Public Interest Litigation

In recent years, with the development of the market economy, the number of illegal monopoly cases is increasing. The new Anti-Monopoly Law of the People's Republic of China (hereinafter referred to as the New Anti-Monopoly Law) was amended on June 24, 2022, in order to better maintain the order of the market economy, crack down on monopolistic behaviors and improve the legal system in the anti-monopoly field. Since then, the anti-monopoly civil public interest litigation system has formally entered the field of anti-monopoly law as a new system. However, the revised Law does not make detailed provisions on the civil public interest litigation system. In terms of the provisions on the subject of public interest litigation, the current law only stipulates that the procuratorial organ is the subject that can initiate public interest litigation, which makes it difficult for some cases infringing on social public interests to be well resolved through public interest litigation. Therefore, this paper will take Article 55 of the Civil Procedure Law and Article 47 of the Protection of Consumer Rights and Interests as the basis point, and briefly introduce the relevant provisions on the subject qualification of the anti-monopoly civil public interest procedure law in foreign jurisdictions. Based on this view, it is necessary for the main body of anti-monopoly public litigation to become more diversified to ensure that the main body of litigation can play substantial effect in judicial practice.At the same time, it is necessary to improve the existing procedures and improve the related supporting subjects' difficulties in providing evidence and the lack of litigation incentives , so as to provide ideas for the improvement of the subject qualification of public litigation in the field of anti-monopoly law.

Vertical and Horizontal Comparison as well as Referential Perfection of the Cohesion Between Inspection and Supervision in China and South Korea Under the Background of Judicial Reform

As China revised the Criminal Procedure Law in 2018, new requirements were put forward for procuratorial organs in the investigation of duty crimes, that is, proper connection and mutual cooperation. However, the cases investigated by the newly established national highest supervisory agency, the supervisory committee, are transferred to the people’s procuratorates. Thus, when the handling methods of cases accepted by the people’s procuratorates are based on the inconsistency between the provisions of the Supervision Law and the Criminal Procedure Law, the supervisory agencies and procuratorial agencies are faced with the connection of litigation procedures. From a horizontal point of view, this paper compares the procedures of cohesion between inspection and supervision in China and South Korea. Meanwhile, it grasps the unclear jurisdiction and intervention in the current cohesion process vertically to discuss the necessity and adaptability of system design. It puts forward that the evidence chain connection, the system establishment of case handling communication and coordination, and the procuratorate’s early intervention and the supervisory agency’s opinion are the rational thinking to promote the procedure cohesion, which helps clarify the duty crime case handling and ensures the logical consistency of the inspection and supervision cohesion system.

Design of Knowledge Graph Retrieval System for Legal and Regulatory Framework of Multilevel Latent Semantic Indexing.

Latent semantic analysis (LSA) is a natural language statistical model, which is considered as a method to acquire, generalize, and represent knowledge. Compared with other retrieval models based on concept dictionaries or concept networks, the retrieval model based on LSA has the advantages of strong computability and less human participation. LSA establishes a latent semantic space through truncated singular value decomposition. Words and documents in the latent semantic space are projected onto the dimension representing the latent concept, and then the semantic relationship between words can be extracted to present the semantic structure in natural language. This paper designs the system architecture of the public prosecutorial knowledge graph. Combining the graph data storage technology and the characteristics of the public domain ontology, a knowledge graph storage method is designed. By building a prototype system, the functions of knowledge management, knowledge query, and knowledge push are realized. A named entity recognition method based on bidirectional long-short-term memory (bi-LSTM) combined with conditional random field (CRF) is proposed. Bi-LSTM-CRF performs named entity recognition based on character-level features. CRF can use the transition matrix to further obtain the relationship between each position label, so that bi-LSTM-CRF not only retains the context information but also considers the influence between the current position and the previous position. The experimental results show that the LSTM-entity-context method proposed in this paper improves the representation ability of text semantics compared with other algorithms. However, this method only introduces relevant entity information to supplement the semantic representation of the text. The order in the case is often ignored, especially when it comes to the time series of the case characteristics, and the “order problem” may eventually affect the final prediction result. The knowledge graph of legal documents of theft cases based on ontology can be updated and maintained in real time. The knowledge graph can conceptualize, share, and perpetuate knowledge related to procuratorial organs and can also reasonably utilize and mine many useful experiences and knowledge to assist in decision-making.

A New Path for the Prevention of Illegal Acts Committed by Mentally Ill Persons in China: Improving the Legal Supervision Function of the Chinese Procuratorial Organs

This research aims to study the prevention of illegal behaviors of mentally ill persons. This paper analyzes Chinese laws and regulations involving the prevention of unlawful behaviors of mentally ill persons, and examines a typical criminal case, using normative analysis and case study methodology. The research shows the illegal acts committed by mentally ill persons are socially dangerous, and China has constructed a three-tier prevention mechanism to prevent them. The existing prevention mechanism has major problems, which are highlighted by the failure of the responsible authorities to perform their duties in accordance with the law, and the lack of a supervisory body to urge them to fulfill their legal obligations. The prevention mechanisms are fragmented seriously, which leads to the occurrence of cases of mentally ill persons committing illegal acts. The findings and conclusion of this paper are that the people's procuratorate should play an important role in the prevention of acts committed by mentally ill persons, they should make supervision suggestions, file public interest litigation, and support litigation to urge the responsible subjects to perform their duties so that the quality of prevention of the illegal acts committed by the mentally ill persons can be improved.

On the Sequence Design and Construction of the Subject of Environmental Civil Public Interest Litigation

The suitability of the subject of the environmental civil public interest litigation serves as the basis of the design of the sequence of the subject of the lawsuit, and the rationality of the sequence of the subject of the lawsuit is the key to the best maintenance of public interest. Based on the inspiration of foreign systems and the discussion on opinions by scholars, the environmental civil public interest litigation is divided into two stages: subrogation litigation and damage compensation litigation. Besides, the reasonable design of the order of the subject of the lawsuit is achieved in the two stages. In the litigation of subrogation, the environmental protection organization ranks the first followed by the individual citizen in the second place, and the last place goes to the procuratorial organ. In the lawsuit of damage compensation, the environmental protection based administrative organ is the first and the only subject. The subjects of each sequence complement and cooperate with each other to safeguard environmental public interests.

Research on Legal Protection of Consumers’ Personal Information From the Perspective of Public Interest Litigation

In the era of big data, consumers’ personal information security is facing severe challenges and risks. Therefore, it is urgent and important to strengthen the protection of consumers’ personal information. In the personal information leakage incident of consumers, the victims are unspecified groups, and the number of consumers who have suffered losses and the actual losses of ordinary consumers is uncertain. By filing consumer civil public interest litigation, consumers can be effectively encouraged to defend their rights through litigation, which increases the cost of offense and avails the prevention of illegal behaviors. However, there are still many problems in public interest litigation of consumers’ personal information protection. Firstly, it is difficult to distinguish the subject of infringement and its internal responsibility allocation. Secondly, the level of evidence collection means of procuratorial organs can’t match the needs of the investigation, which disadvantages prosecutors compared with the powerful objects of evidence collection. Thirdly, the problems of jurisdiction confirmation and low efficiency on the referral of jurisdiction have not been solved. Fourthly, the overlapping of laws has caused the judge’s discretion to be too wide. Fifthly, the standard of remedies for infringement is unclear. Based on those above, this paper puts forward some suggestions on public interest litigation of consumers’ personal information from five aspects: positioning the subject of infringement, standardizing jurisdiction, strengthening investigation and evidence collection, perfecting legal responsibility and clarifying the application of law.

Criminal law regulation of criminal acts involving COVID-19 epidemic

On the eve of the 2020 Spring Festival, the new coronavirus pneumonia broke out, normal social order was affected, and crimes involving the epidemic increased. On February 6, 2020, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued “Opinions on Punishment of Crimes Obstructing the Prevention and Control of the Novel Coronavirus Infection Pneumonia Epidemic According to Law”, which clearly stipulates nine types of crimes that hinder the prevention and control of the epidemic. In order to clarify and solve some outstanding problems of inconsistent understanding of the application of laws in the practice of epidemic prevention and control, the Supreme People’s Procuratorate selected cases that accounted for a large portion of cases, reflected many problems, and urgently required practical practices; they then issued ten batches of “Typical Cases of Crimes Obstructing the Prevention and Control of the New Coronary Pneumonia Epidemic by Procuratorial Organs across the Country”. This article is mainly based on the “Prosecutors across the country handle typical cases of crimes obstructing the prevention and control of the new crown pneumonia epidemic in accordance with the law”, analyzing economic and property crimes, crimes that disrupt the order of social management, and crimes that endanger public safety.

A study on the connection between the Supervision Law and the Criminal procedure Law

Deepening the reform of the state supervision system is an important deci-sion-making arrangement to strengthen the self-supervision of the party and the state. In essence, the supervisory committee should complete the investigation task of duty crimes, rather than the procuratorial organs, which is a very bold at-tempt in the system. The supervisory law makes the procedure of investigating crime by the supervisory committee different from that of other procedures, and makes it stand in parallel with the criminal procedure law, which leads to contra-dictions in the working relations between the judicial organs and the supervisory organs. The fields of investigation are: management of cases, legislative proce-dures, methods of investigation, methods of enforcement, whether or not evi-dence can be used, and so on, no matter which of the two laws is changed and perfected. We should all solve the above problems

Reflection and Reconstruction: On the Legal Supervision Mechanism of Substantive Trial of Commutation and Parole Cases

The “trinity” linear trial mode of commutation and parole is faced with structural dilemma. The legal supervision of the procuratorial organ in the execution procedure is formalized, and the procuratorial role is marginalized. The proposal of substantive trial of commutation and parole cases puts forward new requirements for procuratorial functions. As the basic path of the “third instance” reform of “examination and approval”, “examination” and “trial”, it is necessary to switch from the “trinity” linear trial mode to the “quasi confrontation mode”. Correcting the cognitive deviation of the legal supervision responsibility of the procuratorial organ in the past, building a procuratorial authority system led by public prosecution, strengthening the public prosecution function of the procuratorial organ, realizing the transformation of “court trial” legitimacy supervision to “pre-trial + court trial” legitimacy supervision in the whole process, and standardizing the objection processing mechanism will help to effectively promote the substantive trial.

Research on the Pre-Litigation Procuratorial Suggestion of Administrative Public Interest Litigation in China

In July 2015, the Standing Committee of the National People's Congress formally authorized the Supreme People's Procuratorate to carry out administrative public interest litigation pilot work in Beijing, Shandong, Jiangsu and other regions. Two years later, the Standing Committee of the National People's Congress decided to write the administrative public interest litigation system into the Administrative Procedure Law, and since then the administrative public interest litigation has formally become a binding legal system. In October 2019, the Supreme People's Procuratorate decided to solve more public welfare problems before litigation as a new direction of work. Compared with some foreign countries, China's administrative public interest litigation system is not yet mature, in-depth research, provisions are not clear, as an important part of the system, there are also many problems in the pre-litigation procuratorial suggestions. In order to ensure the effective implementation of the procuratorial suggestion before the prosecution, to play its legislative role, and to safeguard the public interest from a more powerful perspective of the procuratorial organs, this paper will theoretically analyze the connotation, characteristics and principles of the procuratorial suggestion, and find out the problems in the implementation from the reality, and put forward the author's suggestions.