行政附带民事公益诉讼相关问题探析

An Analysis of Related Issues about Administrative Litigation with Collateral Civil Litigations about Public Interest

实践中存在着行政附带民事公益诉讼中行政诉讼部分的诉前检察建议发出率高、行政公益诉讼部分与民事公益诉讼部分分离等现象,其根源在于制度设计与具体实施的不匹配,主要原因有级别管辖带来的起诉障碍、诉前程序被采纳率畸高、法院内部审判分工不明确、行民责任衔接不够等方面。为改进上述因素对行政附带民事公益诉讼实践带来的困难,应当加强基层法官、检察官综合知识积累和办案能力,实现民行一体化;加强立法,对起诉时效法院管辖等方面进行完善,协调举证责任分配,常态化开展检察公益诉讼“回头看”工作。

In practices of the administrative litigation with collateral civil litigation about public interest,there are phenomena such as a high rate of issuance of pre-litigation procuratorial recommendations in the administrative litigation part,and the separation of the administrative public interest litigation part from the civil public interest litigation part.The root cause lies in the mismatch between system design and specific implementation.The main reasons include the obstacles to prosecute caused by level jurisdiction,the abnormal high rate of acceptance of pre-litigation procedures,the unclear labor distribution within the court,the insufficient connection of administrative and civil responsibilities,and so on.In order to overcome the difficulties caused by the above-mentioned reasons for the practice of administrative litigation with collateral civil litigation about public interest,it is necessary to strengthen the comprehensive knowledge accumulation and case-handling ability of grassroots-level judges and prosecutors to realize the integration of civil and administrative affairs;to strengthen legislation and improve the court jurisdiction and the statute of limitations;to coordinate the distribution of burden of proof;to normalize the reviewing process of procuratorial public interest litigation.