Theoretical Issues and Normative Construction of Specialized Legislation for Prosecutorial Public Interest Litigation
The specialized legislation of public interest litigation by prosecutors is an institutional innovation in the field of litigation in the comprehensive deepening of reform,and has now entered the fast lane.However,there are still many fundamental theoretical issues that urgently need to be addressed,including the basic positioning of the legislative creation of public interest litigation by the procuratorate,the functional positioning of the procuratorial organs in public interest litigation,and the relationship between the procuratorate and administration,and the procuratorate and supervision in public interest litigation.As the basic law of the legal system in the field of public interest litigation,the specialized legislation of public interest litigation by the procuratorial organs embodies the dual identity of legal supervision and judicial subject in public interest litigation.In public interest litigation,a power relationship should be formed with the procuratorial as the leading,administrative as the cooperating,and supervisory as the guarantee.
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