检察机关提起公益诉讼若干问题研究

On Some Questions of the Procuratorial Public Interest Litigation

检察机关提起公益诉讼制度是十八届四中全会确立的检察改革任务之一。该项工作开展以来,为我们提供了很多实践范本,也带来了很多实践困惑。诉前程序方面的主体、时限、采纳问题,证据方面的取证方式、举证责任分配、证据种类问题,诉讼活动方面的诉讼请求、诉讼地位、执行问题等均是争议的焦点。检察机关提起公益诉讼应以合法性和客观性为依据,兼顾该项制度的特殊性,方能凸显其价值和生命力。

The system of the procuratorial public interest litigation is one of the important assignments during the Fourth Plenary Session of the 18th CPC Central Committee. The development of the system provides a lot of practical samples as well as perplexity. The focus for dispute includes the subjects, the time limits and the adoption of the pretrial proceedings, methods of evidence collection, the distri-bution of evidential burden, the sorting of evidence, lawsuit claim, the status of litigation and the execution. The values and vitality of the system can be revealed with its legality and objectivity as well as its particularity.