In China's criminal incidental civil public interest litigation,whether the pre-litigation announcement was once a highly controversial issue.The current judicial interpretation of criminal incidental civil public interest litigation need to perform pre-litigation announcement procedures to protect other state organs and social organizations to bring civil public interest litigation of the superiority of the purpose is to limit the public power to intervene in the field of private rights,and to play the other state organs and social organizations in the civil public interest litigation of the professional advantages,but it did not pay attention to the reality of China's other state organs and social organizations in the public interest litigation of the vulnerability of the public interest litigation.And is not conducive to the protection of public interest interests.In judicial practice,the pre-litigation announcement system presents a"vacant state",basically no other organs and organizations in the announcement of the litigation,resulting in conflict with the criminal prosecution period,interfere with the normal conduct of the criminal trial,is not conducive to the efficiency of the litigation,damage to criminal suspects,defendants to obtain a speedy trial of the right to be abolished.The pre-litigation announcement system of the incidental public interest litigation cases should be abolished.
criminal incidental civil public interest litigationpre-litigation announcementpublic interest
万方数据
维普
