Considerations on the Establishment of Basic Principles in"the Prosecutorial Public Interest Litigation Law"
The basic principles of"the Procuratorial Public Interest Litigation Law"are the fundamental and guiding principles that run through"the Procuratorial Public Interest Litigation Law"and the implementation process of procuratorial public interest litiga-tion.They are highly abstract behavioral norms and value judgment standards.Since the formal establishment of the procuratorial public interest litigation system,various normative documents have been issued at the central and local levels,providing important practical references and basis for the determination of the basic principles of"the Procuratorial Public Interest Litigation Law".The determina-tion of the basic principles of"the Procuratorial Public Interest Litigation Law"requires a theoretical response to the position of the procuratorial organs in public interest litigation,the status of procuratorial public interest litigation and the practical situation of procu-ratorial public interest litigation.In order to comprehensively consider whether"the principles of following the litigation system","the principles of following the Constitution,laws and relevant regulations",and"the principled provisions of the Organization Law of the People's Procuratorate"and"the Prosecutor's Law"can be included in the scope of basic principles.Based on the essential attributes of procuratorial public interest litigation,while guiding administrative public interest litigation and civil public interest litigation,taking into account pre-litigation procedures and litigation procedures,it is proposed that the basic principles of"the procuratorial public in-terest Litigation Law"be established as the"principle of public interest protection","principle of objectivity and impartiality",and"principle of mutual cooperation,mutual restraint,and collaborative protection".
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