检察机关在公益诉讼中的主导责任研究

Research on the leading responsibility of procuratorial organs in public interest litigation

检察机关在公益诉讼中承担主要引导公益诉讼向前推进的职责。检察机关在公益诉讼中承担主导责任可以从检察机关提起公益诉讼制度的设定维度、检察机关全过程参与履职的设计维度及检察机关公益诉讼实践质量掣肘的设想维度证成。当前公益诉讼司法实践中,检察机关面临讲政治与抓业务融合不足、探索与发展过程受限、需求与供给匹配错位等制约因素,影响了主导责任的有效发挥。为进一步优化检察机关在公益诉讼中的主导责任,应当通过讲政治与抓业务深度融合筑牢政治基础,通过案件数量与质量优位安排引领发展方向,通过内力与外力同向发力提升办案质效。

The procuratorial organ assumes the main responsibility of guiding the advancement of public interest litigation in public interest litigation.The procuratorial organ’s leading responsibility in public interest litigation can be justified from the setting dimension of the procuratorial organ’s public interest litigation system,the design dimension of the procuratorial organ’s participation in the performance of duties throughout the process,and the assumption that the quality of the procuratorial organ’s public interest litigation practice is constrained.In the current judicial practice of public interest litigation,procuratorial organs are faced with constraints such as insufficient integration of politics and business,limited exploration and development process,and misalignment of demand and supply,which affect the effective play of leading responsibilities.In order to further optimize the leading responsibility of procuratorial organs in public interest litigation,the political foundation should be consolidated through the deep integration of politics and business,the development direction should be guided by the number and quality of cases,and the quality and effect of case handling should be improved through internal and external forces.