중국 민사공익소송의 조사검증권에 관한 연구

The civil public interest litigation system in China aims for policy implementation about the ecological environment and resource protection, food and drug safety protection, state property protection, the reputation of heroes and martyrs’ protection, etc. In the process of policy implementation, the initiators of civil public interest litigation have gradually transferred to the procuratorial organs from social organizations due to private party’s high standard participation in governance and its insufficient capacity, etc. Since 2015, China has conducted a two-year pilot project on procuratorial civil public interest litigation. In 2017, the Civil Procedure Law of the People’s Republic of China was revised, clarifying the functions of procuratorial organs in instituting civil public interest litigation. In civil public interest litigation, investigation and verification right is a kind of legal power which the procuratorial organ has as both the legal supervisor and the prosecutor. After investigation and verification, the procuratorial organ realizes the purposes of performing the pre-litigation procedure, ascertaining the facts of the case, obtaining the winning judgment and correcting the wrong judgment. At the same time, it is also an important means to safeguard national interests, social public interests and judicial credibility. At present, the research on the procuratorial investigation and verification right in civil public interest litigation in China mainly focuses on the nature, scope and force of the investigation and verification whether the system has not been fully discussed and designed. Even though procuratorial investigation and verification right is regulated by the Civil Procedure Law of the People’s Republic of China, the Organic Law of the People’s Procuratorates of the People’s Republic of China, the Measures for the Implementation of the Pilot Program of Initiating Public Interest Litigation by People’s Procuratorates and the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Law for Cases regarding Procuratorial Public Interest Litigation, the provisions on the procedures, legal supervision and guarantee and the scope of investigation and verification by the procuratorial organs are not specific enough, resulting in the disconnection between judicial practice and legislation. This article analyzes the problems of the procuratorial investigation and verification right in civil public interest litigation in China in the judicial practice by using the methods of literature analysis and empirical analysis, which provides some theoretical and practical values for improving the investigation and verification right system in procuratorial civil public interest litigation.