检察机关提起预算行政公益诉讼的制度设想

A System Assumption on Procuratorial Organs Bringing Up the Budget Administrative Public Interest Litigation

我国预算运行体制由于长期以来推行的是由行政机关统一编制和执行,缺乏外部机关监督,使得预算违法行为类型简单、预算违法责任追究机制缺乏、程序启动困难、责任主体难以确定等问题丛生,导致实际运行中预算公共利益不能得到充分保护。党的十八届四中全会明确规定,检察机关要探索建立提起公益诉讼制度,这为检察机关充分发挥法律监督职能,依法有效保障预算公共利益指明了方向。因此,通过进一步规划和完善检察机关提起预算行政公益诉讼的制度,进而有效地解决当前预算运行体制中违法追究层面遇到的种种难题,使依法保障预算公共利益变为现实。

For a long time, the budget operation system has been drew up and implemented by administrative organs with-out external supervision, which leads to many problems, such as simplicity of types of budget illegal activity, lack of ac-countability system on budget illegal activity, operation difficulty and difficulty on identifying the subject of responsibility. Finally, during the practical operation, the budget administrative public interest loses its protection. The fourth Plenary Session of the 18th CPC Central Committee clearly stipulates that the procuratorial organs need to explore and establish the public interest litigation system, which gives the direction for procuratorial organs to fully perform the function of legal su-pervision and protect the interests of the public budget. Therefore, by further regulating and improving the system of procu-ratorial organs bringing up the budget administrative public interest litigation, the problems of investigating accountability during budget operation system can be effectively solved, making legally protect the budget of public interests become a re-ality.