检察公益诉讼参与国家治理的实践面向

The Practice Orientation of the Procuratorial Public Interest Litigation Participating in National Governance

检察公益诉讼是丰富和发展中国特色社会主义司法制度的一项创新性制度设计,更担负着提升国家治理能力的制度功能。2017年7月1日全面实施以来,检察公益诉讼工作发展迅速,案件规模逐年上升、办案效果充分显现,在助力依法行政、保护国家利益和社会公共利益、促进国家治理方面发挥了积极作用。同时,实践中也存在对检察公益诉讼在国家治理体系中的定位认识不清、与其他治理体系之间的关系把握不准等问题,制约治理效能的发挥。要准确把握检察公益诉讼协同式、监督式、参与式的司法化治理特性。坚持公益性、谦抑性、有限性原则,保持检察权与行政权的边界;践行双赢多赢共赢理念,深化检察与行政良性、互动、积极的工作关系;加强公共关系建设,提高公众参与实效性,推动形成协同共治工作格局,在推进国家治理体系和治理能力现代化中发挥检察公益诉讼独特作用。

The procuratorial public interest litigation is an innovative system designed to enrich and develop the socialist judicial system with Chinese characteristics. It also bears the responsibility for the institutional function of enhancing the national governance capacity. Since its full implementation on July 1, 2017, the procuratorial public interest litigation has developed rapidly. The scale of cases has increased year by year, and the effect of case handling has been fully demonstrated. It has played an active role in assisting administration by law, protecting national and social public interests, and promoting national governance. In the meantime, there are also practical problems such as unclear understanding of the position of procuratorial public interest litigation in the national governance system and the relationship between the public interest litigation and other governance systems, which restricts the effectiveness of governance. It is necessary to accurately grasp the judicial governance characteristics of procuratorial public interest litigation, which are collaborative, supervisory, and participatory. The procuratorial public interest litigation should adhere to the principles of public welfare, humility, and limitation, maintain the boundary between procuratorial power and administrative power. It should practice the concept of win-win, deepen the benign, interactive and positive working relationship between the procuratorial and administrative organs. It should strengthen the public relations and improve the public participation in effectiveness, promote the formation of a coordinated and co-governance work pattern, and play a unique role in advancing the modernization of the national governance system and governance capabilities.