中国检察公益诉讼自2015年试点并于2017年在全国范围内正式实施至今,案件数量迅速增长,检察系统公益诉讼办案已实现了“全覆盖”,在生态环境和资源保护、食品药品安全、国有财产保护和国有土地使用权出让这四个领域开展的检察公益诉讼成效显著。作为一项具有鲜明中国特色的制度,检察公益诉讼在实行跨行政区划的管辖机制、发挥诉前程序检察建议的督促作用、探索现代科技与检察公益诉讼的深度融合等方面都推动了制度创新。目前检察公益诉讼仍存在检察机关调查取证权不明、食品药品安全检察公益诉讼的惩罚性赔偿诉请规则亟须完善、协作与保障机制有待健全等问题,整体上从办案数量到质量都有待进一步提升,拓宽检察公益诉讼的范围已势在必行。
<<Since its pilot implementation in 2015 and formal implementation nationwide in 2017,the procuratorial public interest litigation has been developing fast in China,with the number of cases growing rapidly,and “full coverage” has been achieved in the public interest litigation handling of cases in the procuratorial system. Remarkable results have been achieved in the procuratorial public interest litigation in such four areas as ecological environment and resource protection,food,and drug safety,state-owned property protection,and state-owned land use right transfer. As a system with distinctive Chinese characteristics,procuratorial public interest litigation has promoted institutional innovation in the implementation of cross-administrative jurisdiction mechanism,giving play to the supervision role of procuratorial suggestions in pretrial procedure and exploring the deep integration of modern technology and procuratorial public interest litigation. At present,there are still some problems in procuratorial public interest litigation,such as the unclear investigation and evidence collection power of procuratorial organs,the urgent need to improve the punitive compensation litigation rules of food and drug safety procuratorial public interest litigation,and the need to improve the coordination and guarantee mechanism. Moreover,the overall quantity and quality of cases need to be further improved. It is imperative to further broaden the scope of procuratorial public interest litigation.
<<Keywords: | Public Interest LitigationProcuratorial Public Interest LitigationReform of Judicial System |