监察体制改革背景下检察院公益诉讼问题研究

Research on the Procuratorate Public Interest Litigation under the Background of Supervision System Reform

公益诉讼制度建立后,在现有国情下,检察院成为了我国目前提起公益诉讼的"主力军",对维护社会公共利益发挥着重要作用。但是随着监察体制的改革,检察院的反贪、反渎及预防三个职能将划入监察委,在这一新形势下,依照现有规定,检察院将面临着在公益诉讼中的优势减弱和其所享有的民事检察调查权不足以满足公益诉讼调查取证需要的困境。因此,文章拟从赋予检察院强制调查权、提高检察院管辖权和法院审级着手破解这一困境。

After the establishment of public interest litigation system, under the current national conditions, the procuratorate has become the main force of conducting public interest litigation in China, which plays an important role in the maintenance of public interests. But along with the reform of supervision systern, procuratorate anti-corruption, anti malfeasance and prevention will be transferred to the supervision committee. Under this new situation, in accordance with the existing regulations, the procuratorate will be faced with dilemma when the advantage in public interest litigation is weakened and the right of civil procuratorial investigation is not sufficient to meet the needs of the public interest litigation investigation. Therefore, this paper tries to solve the dilemma by giving the procuratorate the power of compulsory investigation, improving the jurisdiction of the procuratorate and the court trial level.