The Conflict and Coordination Between the Procuratorial Organ Bringing Civil Public Interest Litigation and Its Responsibilities of Trail Supervision
Volume 7, Issue 4, August 2018, Pages: 182-187
Received: Jun. 7, 2018;
Accepted: Jul. 9, 2018;
Published: Aug. 6, 2018
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Liu Xiaochun, School of Law, Tianjin University, Tianjin, China
Techophat Pornwarin, School of Law, Tianjin University, Tianjin, China
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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.
Civil Public Interest Litigation, the Responsibility of Trial Supervision, Post Supervision
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The Conflict and Coordination Between the Procuratorial Organ Bringing Civil Public Interest Litigation and Its Responsibilities of Trail Supervision, Social Sciences.
Vol. 7, No. 4,
2018, pp. 182-187.
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