中国特色检行协作型行政公益诉讼模式研究

On the Cooperative Mode of Procuratorial Power and Administrative Power of Administrative Public Interest Litigation of China

中国特色公益司法保护的实践经验表明,以检察权和行政权密切配合和相互协作为精神内核的检行协作型公益诉讼模式,能够适应国家治理体系和治理能力现代化的需要,应当成为我国行政公益诉讼制度发展的理想模式。检行协作型公益诉讼模式的生成,需要从检察建议精准性、检行协作高效性和履职尽责层次性保障机制的健全入手。检察建议精准性之保障机制包括质效提升机制、考核激励机制和社会公开机制,力争在节省司法资源的前提下增强行政机关纠正违法行为的积极性和主动性;检察行政协作高效性之促进机制包括互派交流机制、互推支持机制和互联共享机制,力图营造行政公益诉讼茁壮成长的外部制度环境;履职尽责标准层次性之区分机制依次包括严格对照权责清单、穷尽行政监管手段和遏制行政违法行为等三个要素,力求破解行政公益诉讼有效实施的关键难题。检行协作型公益诉讼模式的提出和实践,能够进一步完善中国特色社会主义法治话语体系。

The practical experience of public interest judicial protection with Chinese characteristics shows that the cooperative public interest litigation model with procuratorial power and administrative power closely coordinating and collaborating with each other can meet the needs of modernization of the national governance system and governance ability,and should become the ideal model for the development of the administrative public interest litigation system in China.The formation of the cooperative public interest litigation mode of procuratorial power and administrative power requires the development of a mechanism to ensure the accuracy of prosecutorial suggestions,the efficiency of collaboration between prosecutors and practitioners,and the fulfilment of duties and responsibilities.The mechanism to ensure the accuracy of procuratorial suggestions includes quality and efficiency enhancement mechanism,assessment and incentive mechanism and public disclosure mechanism,so as to enhance the enthusiasm and initiative of administrative organs to correct illegal acts while saving judicial resources.The mechanism to promote the efficiency of prosecutorial-administrative collaboration includes mutual assignment and exchange mechanism,mutual promotion and support mechanism and interconnection and sharing mechanism,in an attempt to create an external institutional environment for the growth of administrative public interest litigation.The mechanism to distinguish the hierarchy of standards for the performance of duties includes three elements successively:strict comparison with the list of powers and responsibilities,exhaustion of administrative supervision means and curbing administrative violations,in order to solve the key problems for the effective implementation of administrative public interest litigation.The proposal and practice of the cooperative public interest litigation model can further improve the discourse system of socialism with Chinese characteristics.