行政公益诉讼中检察机关调查权研究

On the Investigation Power of Procuratorial Organs in the Administrative Public Interest Litigation

随着2015年试点工作的开展及2017年《行政诉讼法》的修改,行政公益诉讼不仅从理论走向了实践,同时也正式入法。调查取证是行政公益诉讼中的重要一环,同时也是检察机关提起行政公益诉讼的基础。但由于相关法律法规的不完善,行政公益诉讼中检察机关行使调查权存在调查方式单一、配套机制不完善、检察机关民行部门力量薄弱等多种问题。我们应正视这些问题,通过完善行政公益诉讼中检察机关调查权行使方式和配套保障机制,设置公益诉讼部门等方式,为检察机关调查权的行使奠定基础,确保行政公益诉讼目标的实现。

With the implementation of the pilot work in 2015 and the revision of the Administrative Procedure Law in 2017,administrative public interest litigation has not only moved from theory to practice,but been included formally into the law field.Investigation and evidence collection is an important part of administrative public interest litigation,and it is also the basis for procuratorial organs to initiate administrative public interest litigation.However,due to imperfection of relevant laws and regulations,in the execution of investigation power concerning the administrative public interest litigation,procuratorial organs often have to be faced with many problems,such as short of diversified investigation methods,imperfect supporting mechanism and weak strength of the civil administration department.We should take these problems seriously,and try to improve the execution mode and supporting mechanism of procuratorial organs'investigation power in administrative public interest litigation,and set up public interest litigation departments,so as to lay a solid foundation for procuratorial organs'investigation power and ensure the realization of the goal of administrative public interest litigation.