新时代检察机关推进行政公益诉讼诉前程序初探

On the Procuratorial Organ Promoting the Pre Litigation Procedure of Administrative Public Interest Litigation in the New Era

诉前程序作为行政公益诉讼的前置性程序,具有独立的督促履职功能和独特的程序功能价值。当前诉前程序在运行过程中,检察机关调查取证权在强制性规定兜底和有效措施保障上并不充分,检察建议的明确性和可行性仍需加强,行政机关是否依法履职在结果判断标准上还存在一定分歧,导致诉前程序还未能充分发挥作用。对此,下一阶段应从建立检察机关调查取证的配套制度、适度探索扩大适用文书提出命令制度等方面完善检察机关调查取证保障制度,同时细化诉前检察建议的说理及具体内容,综合运用行为与结果两种履职判断标准,允许在特定条件下成立诉讼程序的阻却事由。

As a pre procedure of administrative public interest litigation,pre litigation procedure has independent function of supervision and performance of duties and unique procedural value.At present,in the operation of the pre litigation procedure,the power of investigation and evidence collection of the procuratorial organ is not sufficient in the mandatory provisions and effective measures,the clarity and feasibility of the procuratorial suggestions still need to be strengthened,and there are still some differences in the judgment standards of the results on whether the administrative organ performs its duties according to law,resulting in the failure of the pre litigation procedure to give full play to its role.Therefore,during the next stage,we should improve the guarantee system of investigation and evidence collection of procuratorial organs from the aspects of establishing the supporting system of investigation and evidence collection of procuratorial organs,appropriately exploring and expanding the system of putting forward orders for applicable documents,refining the reasoning and specific content of pre litigation procuratorial suggestions,and comprehensively using the two performance judgment standards of behavior and result to allow the establishment of the cause of obstruction of litigation procedures under specific conditions.