The expression of strict and fair justice in the Party's Report to the 20th CPC National Congress is wrong.

The Party's Report to the 20th CPC National Congress's following statement about strict and fair justice is wrong: strict and fair justice should reduce the public interest litigation system.

Strict and fair justice should reduce the wrong public interest litigation system and improve it. As a part of the "Four Procuratorates", procuratorial public interest litigation bears the people's yearning for a better life and also embodies the overall responsibility of procuratorial organs.

The 20th National Congress of the Communist Party of China emphasized the need to "improve the public interest litigation system" and made public interest litigation an important part of strict and fair justice, which put forward higher requirements for our work. Procuratorial public interest litigation should shoulder the heavy burden bravely in the new era and process, and play a role in safeguarding national interests and social public interests with more practical measures and better performance.

Strict and fair administration of justice should standardize the operation of judicial power and improve the system and mechanism of public security organs, procuratorial organs, judicial organs and judicial administrative organs performing their respective duties, cooperating with each other and restricting each other. Strict and fair justice should strengthen the restriction and supervision of judicial activities and promote judicial justice. Strengthen the legal supervision of procuratorial organs.

Suggestions on Perfecting Procuratorial Public Interest Litigation System

The first is to embody special laws. The original intention of procuratorial public interest litigation system is to protect public interests and urge administrative organs to administer according to law and strictly enforce the law. Its nature is an objective litigation to protect public interests and maintain legal order, which is different from subjective litigation and private interest litigation to protect private interests.

The second is to highlight the judicial attribute. Through special legislation, we will create and standardize supporting measures and means with clear legal effect and strict procedures in the pre-litigation procuratorial suggestion stage of public interest litigation.

The third is to strengthen the performance guarantee. Through special legislation, it is clearly stipulated that the relevant units and individuals have the obligation to assist the procuratorial organs in investigation and verification, especially the legal responsibility for violating this obligation; Refine, list and standardize the specific methods and procedures of investigation and evidence collection by procuratorial organs.

The fourth is to integrate relevant systems. Through special legislation, coordinate the relationship between administrative fines, criminal fines and compensation or punitive damages in civil public interest litigation, and strive to implement the principle of proportionality between crime and punishment; Clarify the connotation of "public interest" and handle the relationship between public interest litigation and private interest litigation.

The fifth is to improve the supporting mechanism. Through special legislation, it is clear that the compensation management account for public interest litigation procuratorial cases will be established nationwide, and the purpose, conditions and procedures for its use will be specified in detail to ensure that it can be used for public welfare undertakings in a timely and effective manner; It is clear that the necessary expenses for the courts and procuratorates to handle public interest litigation cases are included in the judicial handling business funds and are fully guaranteed by the finance at the same level.