The procedural protection in the public interest litigation system has the position of superiority and guiding principle,and it is different because of the different subjects related to public interest.First of all,the procedural protection for public interest plaintiffs and defendants(public interest offenders)should be the core position in public interest litigation,and the degree of procedural protection for plaintiffs is related to the type and representation model of public interest;The procedural protection of the defendant should focus on the"defense against litigation"and"defense against repeated legal evaluation".The administrative organs in the position of defendants in public interest litigation should be guaranteed by substantive procedures,and their litigation rights should not be weakened by"non-litigious"procedures.Secondly,"public interest parties"are affected by the process and outcome of public interest litigation,and their procedural participation rights and choices should be reasonably and appropriately protected.Thirdly,the process and results of public interest litigation are justified by the participation of the public,and the public's right to know and participate in litigation is a necessary condition for the results of public interest litigation to be held accountable to the society.Finally,under the background of the"nationalization"of public interest litigation and the diversification of procedure types,the procedural protection responsibilities of judicial organs are different.The pre-litigation procedures of procuratorial public interest litigation belong to the ex officio investigation procedure,and procuratorial organs should abide by the principle of objectivity and neutrality and assume the obligation of public interest demonstration.The trial procedure of public interest litigation should adopt adversarial structure,and the court should fully protect the parties'right of debate,right of objection and right of fair trial.Procuratorial organs and courts should strengthen judicial supervision in the consultation procedure of public interest litigation to prevent public interests from being improperly disposed of.
public interest litigationprocedural protectionpublic interest partiespretrial proceedingslegislation on public interest litigation
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