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The Conflict and Coordination Between the Procuratorial Organ Bringing Civil Public Interest Litigation and Its Responsibilities of Trail Supervision

Received: 7 June 2018     Accepted: 9 July 2018     Published: 6 August 2018
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Abstract

The establishment of public interest litigation system in China, it is a great significance to strengthen the protection of social public interests. However, when the procuratorial organ bringing civil public interest litigation, there is a certain degree of conflict with the trial supervision duties that it undertakes. This kind of conflict is manifested in a conflict of the dual identity, the conflict of the nature of the role and the conflict of value pursuit. These three kinds of conflicts not only affected the balance of civil litigation structure but also affected the credibility of civil trial results. Therefore, there is an urgent need to restrict the relevant litigation rights and litigation obligations of procuratorial organs in civil public interest litigation, adjust the time for performing its trial supervision duties, etc., in order to construct a reasonable system to coordinate these conflicts, giving full performance to the role of procuratorial organs in protecting social public interests.

Published in Social Sciences (Volume 7, Issue 4)
DOI 10.11648/j.ss.20180704.14
Page(s) 182-187
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2018. Published by Science Publishing Group

Keywords

Civil Public Interest Litigation, the Responsibility of Trial Supervision, Post Supervision

References
[1] WANG Hui, HAN Rong. Research on the participation of procuratorial organs in civil public interest litigation [J]. Evidence Forum, 2014, 18: 240-249.
[2] YANG Guang-pu. Reflection on the participation of procuratorial organs in public interest litigation [J]. Hubei Social Sciences, 2014, (5):143-147.
[3] JIANG Tao. Administrative public interest litigation system initiated by procuratorial organs: Reflection on a China problem [J]. Tribune of Political Science and Law, 2015, (11): 15-29.
[4] LI Yan-fang, Wu Kai-jie. Discuss on the role and orientation of procuratorial organs in environmental public interest litigation -- Review of the Supreme People's Procuratorate (the Pilot Program of Initiating Public Interest Actions by the Procuratorial Organ)[J]. Journal of Renmin University of China, 2016, (3): 2-13.
[5] YOU Han-xiong. Research on the system of civil prosecutorial supervision in China [D]. Changsha: Law School of Central South University, 2014.
[6] HE Yan. Power analysis and procedure construction of procuratorial organs on civil public interest litigation [J]. Legal Forum, 2012, 27(4):130-137.
[7] CAI Yan-Min. The prosecutorial responsibility of China's environmental civil public interest litigation [J]. Peking University Law Journal, 2011, 23(1): 161-175.
[8] RONG Xiao-hong. Feasibility and Realization of civil public interest litigation initiated by procuratorial organs [J]. Journal of Shandong University of Science and Technology, 2009, (4):29-34.
[9] LIU Yuan-qiang. My opinion on the participation of the procuratorial organs in the public interest litigation of the people's Bank [J]. Nomocracy Forum, 2012, (2):57-66.
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  • APA Style

    Liu Xiaochun, Techophat Pornwarin. (2018). The Conflict and Coordination Between the Procuratorial Organ Bringing Civil Public Interest Litigation and Its Responsibilities of Trail Supervision. Social Sciences, 7(4), 182-187. https://doi.org/10.11648/j.ss.20180704.14

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    ACS Style

    Liu Xiaochun; Techophat Pornwarin. The Conflict and Coordination Between the Procuratorial Organ Bringing Civil Public Interest Litigation and Its Responsibilities of Trail Supervision. Soc. Sci. 2018, 7(4), 182-187. doi: 10.11648/j.ss.20180704.14

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    AMA Style

    Liu Xiaochun, Techophat Pornwarin. The Conflict and Coordination Between the Procuratorial Organ Bringing Civil Public Interest Litigation and Its Responsibilities of Trail Supervision. Soc Sci. 2018;7(4):182-187. doi: 10.11648/j.ss.20180704.14

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  • @article{10.11648/j.ss.20180704.14,
      author = {Liu Xiaochun and Techophat Pornwarin},
      title = {The Conflict and Coordination Between the Procuratorial Organ Bringing Civil Public Interest Litigation and Its Responsibilities of Trail Supervision},
      journal = {Social Sciences},
      volume = {7},
      number = {4},
      pages = {182-187},
      doi = {10.11648/j.ss.20180704.14},
      url = {https://doi.org/10.11648/j.ss.20180704.14},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20180704.14},
      abstract = {The establishment of public interest litigation system in China, it is a great significance to strengthen the protection of social public interests. However, when the procuratorial organ bringing civil public interest litigation, there is a certain degree of conflict with the trial supervision duties that it undertakes. This kind of conflict is manifested in a conflict of the dual identity, the conflict of the nature of the role and the conflict of value pursuit. These three kinds of conflicts not only affected the balance of civil litigation structure but also affected the credibility of civil trial results. Therefore, there is an urgent need to restrict the relevant litigation rights and litigation obligations of procuratorial organs in civil public interest litigation, adjust the time for performing its trial supervision duties, etc., in order to construct a reasonable system to coordinate these conflicts, giving full performance to the role of procuratorial organs in protecting social public interests.},
     year = {2018}
    }
    

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  • TY  - JOUR
    T1  - The Conflict and Coordination Between the Procuratorial Organ Bringing Civil Public Interest Litigation and Its Responsibilities of Trail Supervision
    AU  - Liu Xiaochun
    AU  - Techophat Pornwarin
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    N1  - https://doi.org/10.11648/j.ss.20180704.14
    DO  - 10.11648/j.ss.20180704.14
    T2  - Social Sciences
    JF  - Social Sciences
    JO  - Social Sciences
    SP  - 182
    EP  - 187
    PB  - Science Publishing Group
    SN  - 2326-988X
    UR  - https://doi.org/10.11648/j.ss.20180704.14
    AB  - The establishment of public interest litigation system in China, it is a great significance to strengthen the protection of social public interests. However, when the procuratorial organ bringing civil public interest litigation, there is a certain degree of conflict with the trial supervision duties that it undertakes. This kind of conflict is manifested in a conflict of the dual identity, the conflict of the nature of the role and the conflict of value pursuit. These three kinds of conflicts not only affected the balance of civil litigation structure but also affected the credibility of civil trial results. Therefore, there is an urgent need to restrict the relevant litigation rights and litigation obligations of procuratorial organs in civil public interest litigation, adjust the time for performing its trial supervision duties, etc., in order to construct a reasonable system to coordinate these conflicts, giving full performance to the role of procuratorial organs in protecting social public interests.
    VL  - 7
    IS  - 4
    ER  - 

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Author Information
  • School of Law, Tianjin University, Tianjin, China

  • School of Law, Tianjin University, Tianjin, China

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