Study on practical problems of public interest litigation for the protection of minors
The revised law on the protection of minors fills the gap in the substantive law basis for procuratorial or-gans to bring public interest litigation for the protection of minors.The prosecution data also reflects the significant increase in the number of such cases,the significant expanding of the areas of the cases,the large proportion of ad-ministrative public interest litigation and the pre-trial prosecution recommendation as the main method of settlement of cases.At present,there are still issues in judicial practice that need to be addressed such as lack of standards for judging the public interest related to minors,a single mechanism for detecting case leads,lack of guarantees for the quality and effectiveness of prosecution recommendations,the construction of prosecutorial teams for minors to be strengthened and insufficient supply of norms.In order to better protect the legitimate rights and interests of minors,it is necessary to attempt in practice to combine ineffectiveness and multiple factors in judging the public interest of minors;grasp the scope of accepting cases between the principle of beneficence and the principle of limited public interest and exclude non-public interest litigation cases;regulate the typed admissibility of case leads from alterna-tive sources such as discovery in other cases,public sources and initiatives;strengthen the targeting and feasibility of pre-trial prosecution recommendations to enhance the quality and effectiveness of prosecution recommendations by improving the standardized exercise of the right to verify pre-trial investigation.
public interest litigationminorspublic interestprosecution recommendations
万方数据
维普
