刑事附带民事公私益诉讼并审的程序展开

The Unfolding Procedure of the Concurrent Trial of the Criminal Lawsuit with the Incidental Civil Public and Private Interest Litigation

刑事附带民事公益诉讼与刑事附带民事私益诉讼的合并审理面临着制度与实践的双重困境,将两者的并审程序展开,主要有三个方面的问题。在实体要件方面,以"民事法律关系同一种类"作为基本识别标准,并结合"同一事实上的原因"之标准,能够确定刑事附带民事公私益诉讼的诉讼标的为同一种类,可以形成普通共同诉讼。在诉讼效能方面,刑事附带民事公私益诉讼的并审,能够更快更优地实现私益赔偿,推动《民法典》污染环境与生态破坏责任的落实。在程序建构方面,应坚持刑事公诉的主体地位,合并后的附带民事公私益诉讼应以共通事实和个别事实为标准分阶段审理,当私益原告人数众多时,由原告选举代表人参加诉讼。

The joint trial of the criminal lawsuit with the incidental civil public interest litigation,along with that lawsuit with the incidental civil private interest litigation,faces both institutional and practical dilemmas.There are three major problems in the joint trial of the two proceedings.In terms of the substantive elements,the“same type of civil legal relationship”as the basic identification criterion,mingled with the standard of“same factual cause”,can help determine the subject matter of the criminal lawsuit with the incidental civil public and private interest litigation as the same type,therefore forming the ordinary co-litigation.In terms of litigation effectiveness,the parallel trial of the criminal lawsuit with the incidental civil public and private interest litigation can achieve the compensation for private interests faster and better,promoting the implementation of the liability for environmental pollution and ecological damage in the Civil Code of the People’s Republic of China.In terms of procedural construction,the criminal case of public prosecution should be in the dominant position.And the incidental civil public and private benefit litigation should be heard by stages with common facts and individual facts as the criteria.When the number of private benefit plaintiffs is large,the plaintiffs should elect the representatives to participate in the litigation.