Strategies for Dealing with Important Relationships in Procuratorial Public Interest Litigation Legislation
The Procuratorial Public Interest Litigation Law should be positioned as the special procedure law of the Civil Procedure Law and the Administrative Procedure Law regarding the procuratorial public interest litigation system.The prosecutorial public interest litigation provisions of the single line law and Article 58(2)of the Civil Procedure Law constitute a relationship between special provi-sions and general provisions.Abandoning the theory of supplementary litigation rights in whole or in part,the functional positioning of prosecutorial civil public interest litigation as a"supervisory lawsuit"will no longer be worthy of its name.The selection of civil public interest litigation by the procuratorial organs must be based on the necessary conditions of clear identification of the infringing party and the ability of the responsible party to perform.The selection of administrative public interest litigation by the procuratorial organs must be based on the necessary conditions that the administrative supervision measures have not been exhausted and are feasible according to law.Constructing a negative list of civil public interest litigation and administrative public interest litigation can help the procuratorial organs accurately select the type of litigation.In order to achieve the separation of management,use,and supervision rights of punitive damages,the damages should be included in the public interest litigation fund special account established by the finance department for unified management,and the relevant functional departments should be responsible for their use,while the procuratorial organs should supervise the process of use.
procuratorial public interest litigationspecial procedural lawgeneral termstypes of litigationpunitive damages
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