2025年7月25日 周五
The development and improvement of public interest litigation by procuratorate in China:An empirical analysis based on related data from 2017 to 2019
CSTR:
Author:
Clc Number:

D926.3;D925

  • Article
  • | |
  • Metrics
  • |
  • Reference [9]
  • |
  • Related [20]
  • | | |
  • Comments
    Abstract:

    With full operation of two years, the public interest litigation by procuratorate in China appears new tendency which needs to be studied. This study reaches some conclusions based on the judicial data between 2017 and 2019 which shows some new phenomenon of the mechanism of the public interest litigation by procuratorate since the amendment of the Administrative Procedure Law and the Civil Procedure Law. On the whole, the number of cases handled by judicial organs and procurational organs has increased, and active exploration has been carried out on the improvement of the litigation rules. Meanwhile, there is also an obvious gap in the number of cases handled by different regions, and basic-level people's procuratorates are the main force in handling cases. Besides, the number of administrative public interest litigation cases has sharply decreased, and the weight of handling cases has shifted to criminal incidental civil public interest litigation cases. The number of procuratorial public interest litigation cases is rapidly increasing, but the rate of performing pre-litigation procedures and filing lawsuits is decreasing. The main reason for such situation is that the reform of the internal organizational structure of the procurational system has brought about the improvement of the ability of handling cases, and the Party Committee and the National People's Congress have strengthened their support for the mechanism of procurational public interest litigation, which resolving some obstacles in the operation of the mechanism. The study proposes to further improve the procurational public interest litigation system from four dimensions: inside, outside, wide and deep, which repuests to promote the internal integration of public interest litigation by procuratorate and the other three procuratoratorial tasks, to establish the coupling of public interest litigation by procuratorate and law based government, to explore and expand the scope of accepting cases, and to construct the litigation mechanism according to the needs.

    Reference
    [1] 韩大元.宪法文本中"公共利益"的规范分析[J].法学论坛, 2005(1):5-9.
    [2] 江必新.中国环境公益诉讼的实践发展及制度完善[J].法律适用, 2019(1):5-12.
    [3] 刘艺.刑事附带民事公益诉讼的协同问题研究[J].中国刑事法杂志,2019(5):77-91.
    [4] 周斌.检察机关提起公益诉讼试点一年多办案1710件 已判案件检方起诉意见均获法院支持[N].法制日报,2016-11-04(003).
    [5] 谢文英.公益诉讼:在共识中形成合力[N].检察日报,2019-10-21(005).
    [6] 刘艺.论国家治理体系下的检察公益诉讼[J].中国法学,2020(2):149-167.
    [7] 张军.最高人民检察院关于开展公益诉讼检察工作情况的报告[R/OL].(2019-10-23)[2020-01-16]. https://www.spp.gov.cn/spp/tt/201910/t20191024_435925.shtml.
    [8] 刘艺.论行政检察与法治政府的耦合发展[J].国家检察官学院学报,2020(3):74-78.
    [9] 刘艺.检察机关提起公益诉讼亟需厘清的几个问题[N].学习时报,2015-08-27(A4).
    Cited by
    Comments
    Comments
    分享到微博
    Submit
Get Citation

刘艺.我国检察公益诉讼制度的发展态势与制度完善——基于2017—2019年数据的实证分析[J].重庆大学学报社会科学版,2020,26(4):173~183

Copy
Related Videos

Share
Article Metrics
  • Abstract:
  • PDF:
  • HTML:
  • Cited by:
History
  • Received:April 26,2020
  • Online: August 17,2020
Article QR Code