未成年人检察公益诉讼制度的实践困境与优化路径

Practical Difficulties and Countermeasures in the Juvenile Prosecutorial Public Interest Litigation System

作为以法治方式维护社会公共利益的重要制度,未成年人检察公益诉讼制度在未成年人权益保护方面日益受到重视,体现出了较为明显的制度优势。同时,未成年人检察公益诉讼在实践中面临着授权范围不明、受案范围有限,公共利益受侵害的判断标准不明,案件线索少、调查取证困难,涉未成年人行政检察公益诉讼起诉对象确定难等问题,影响了该制度的实践效果和未来发展。未成年人检察公益诉讼的优化路径是,拓宽未成年人检察公益诉讼的案件范围,明确公共利益受侵害的判断标准和起诉对象,拓宽未成年人检察公益诉讼的线索来源和调查手段,加强内外机关部门的协调配合。

As an important system to safeguard the social public interests by the rule of law,the juvenile procuratorial public interest litigation system has been paid more and more attention in the protection of the rights and interests of minors,which also reflects the obvious advantages of the system.At the same time,in practice,juvenile procuratorial public interest litigation is faced with such problems as unclear scope of authorization,limited scope of cases,unclear standard of public interest infringement,few case clues,difficulties in investigation and evidence collection,and difficult to determine the object of prosecution in juvenile administrative procuratorial public interest litigation,which affect the practical effect and future development of the system.The optimization path of juvenile procuratorial public interest litigation is to broaden the case scope of juvenile procuratorial public interest litigation,clarify the judgment standard and prosecution object of public interest infringement,broaden the clue source and investigation means of juvenile procuratorial public interest litigation,and strengthen the coordination between internal and external organs.