The Negation of Mandatory Power in Investigation and Evidence Collection of Procuratorial Civil Cases with Public Interest——Also on the Solution to the Difficulty in Obtaining Evidence
The stipulation is consistent in China that procuratorial organs have no complulsion in their right of investigation and evidence collection in civil public interest litigation.Recently,with the promi-nence of the difficulty in obtaining evidence,procuratorial organs'power of investigation and evidence collection has been criticized because of the lack of compulsion,and the theory of"compulsion granting"has emerged and become the mainstream voice in the theoretical and practical circles.Although the rela-tionship between the solution to the difficulty in evidence collection and"granting compulsion"in investi-gation and evidence collection is purpose and means,the means are not appropriate.There are many mis-understandings in the internal logic of the theory of"compulsion granting",which is contrary to inherent values and basic principles of civil litigation,and may even lead to the questioning of the legitimacy of procuratorial civil public interest litigation system.Granting procuratorial organs compulsion in investiga-tion and evidence collection is not the optimal solution to the difficulty in obtaining evidence.The solu-tion should focus on the improvement of the existing system,the activation of potential capacity and the improvement of procuratorial organs'ability to provide objective evidence.
public interest litigationinvestigation and evidence collectioninvestigation and verifica-tiondifficulty in obtaining evidencecompulsion
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