Research on the Theory and Application of Prosecutorial Modesty in Public Interest Litigation
The smooth implementation of public interest litigation in procuratorial work is related to the timing of the role of procuratorial power,as well as the interaction between procuratorial power,administrative power,and private rights.Taking the principle of prosecutorial modesty as the basic requirement and pursuit,in the initiation of public interest litigation,the procuratorate should avoid excessive initiative and monopolization of power,fully coordinate with the representative power of the people,and not exclude the development of the self governance power of the people;In the issue of the relationship between administrative power and procuratorial power,it is necessary to clarify the core differences between the two types of public power,reasonably divide the scope and boundaries of their functions,and avoid confusion and overlap of powers;In terms of the relationship between prosecutorial power and private rights and interests,we should adhere to the concept of exercising public power to protect private rights and interests,pay attention to the balance between public interests and private interests,and avoid situations where the absolute pursuit of public welfare is realized and the protection of private interests is ignored.
public interest litigationprocuratorial powerlegal supervisionthe principle of prosecutorial modesty
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