检察行政公益诉讼案件范围拓展的现状、问题及进路

Expanding the Scope of Administrative Public Interest Litigation by Procuratorate

案件范围的拓展是我国检察行政公益诉讼制度发展的必然趋势。目前来看,在规范层面,案件范围的拓展呈多路并进之势,但存在部分规范于法无据、拓展无序的问题;在实践层面,案件范围的拓展集中于诉前程序,导致诉讼审查程序搁置虚化,且社会公众仅能为拓展案件范围提供线索,参与拓展的渠道过于狭窄。对此,在拓展案件范围时应当从检察行政公益诉讼制度的目的出发,以“公益”和“诉讼”为关键词,强调拓展的案件必须具备起诉必要性,强调诉讼审查程序的重要性,同时把公众体悟公益的敏感度纳入考量范畴,扩大公众参与案件范围拓展的渠道。

The expansion of the scope of cases is an inevitable trend in the development of China’s administrative public interest litigation system. At the normative level, the scope of cases is expanding in multiple dimensions, but with problems of unfounded norms and disorder expansion. In practice, the procuratorate’s expansion focuses on pre-litigation procedures, which leads to the suspension of the litigation review process. The public can only provide clues for expanding the scope of the case---narrow channels for their participation. Considering these, this paper suggests that the expansion rest on the purpose of the administrative public interest litigation system. With "public interest" and "litigation" as the focus, the expansion must have the necessity of prosecution and emphasize the importance of litigation review procedures. At the same time, the sensitivity of the public’s perception of public welfare should be taken into consideration so as to broaden the channels for public participation in the cases.