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

Liu Xiaochun; Techophat Pornwarin

doi:doi:10.11648/j.ss.20180704.14

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

Liu Xiaochun, Techophat Pornwarin

Published in Social Sciences (Volume 7, Issue 4)

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

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[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.
[10]	SUN Hong-kun, TAO Bo-jin. Double observation on procuratorial organs' participation in environmental public interest litigation – Also on the perfection of Article 55 of the Civil Procedure Law [J]. Eastern Jurisprudence, 2013(10): 115-124.
[11]	LIU Yi. Judicial practice and theoretical exploration of prosecutorial public interest litigation [J]. Journal of China Prosecutors College, 2017(2): 3-18.
[12]	ZHANG Li Ming. The procuratorial organ should not be the plaintiff of environmental public interest litigation [J]. Law, 2011(6): 134-140.
[13]	BAI Yan. Research on the realistic predicament and countermeasures of public interest litigation initiated by procuratorial organs [J]. 2016(03): 98-104.
[14]	YANG Jie-jun, LI Jun-hong. Discussion on some important practical issues in pilot project of public interest litigation [J]. Administrative Law Review, 2016(07): 108-123.
[15]	HONG Hao, DENG Xiao-jing. The configuration of procuratorial power in public interest litigation [J]. Law, 2013(07): 116-122.

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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
Y1  - 2018/08/06
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DO  - 10.11648/j.ss.20180704.14
T2  - Social Sciences
JF  - Social Sciences
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SN  - 2326-988X
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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
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Author Information

Liu Xiaochun

School of Law, Tianjin University, Tianjin, China
Techophat Pornwarin

School of Law, Tianjin University, Tianjin, China

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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

Copy | Download

@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}
}

Copy | Download

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
Y1  - 2018/08/06
PY  - 2018
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  -

Copy | Download