异化与重塑:检察民事公益诉讼支持起诉制度研究

Dissimilation and Remodeling:Research on the Supporting Prosecution System of Prosecutorial Civil Public Interest Litigation

支持起诉制度在检察民事公益诉讼诉前程序中发挥了重要作用,但随着检察机关提起民事公益诉讼主体地位的确立,这一制度开始被稀释,并逐渐异化为对诉中活动的参与。这一变化导致检察民事公益诉讼诉前程序的虚化,与其他适格主体参与民事公益诉讼的实践需求相悖,且与检察机关提起民事公益诉讼的补充性要求背离。这一走势不利于检察民事公益诉讼制度的健康发展。因此,未来需要对支持起诉制度在检察民事公益诉讼诉前程序中的应然地位予以归正,明确其在检察民事公益诉讼诉前程序中的具体应用方式与内容。

The system of supporting prosecution has played an important role in the pre-litigation procedure of the procuratorial civil public interest litigation.However,with the establishment of the subject status of civil public interest litigation filed by the procuratorial organ,this system has begun to be diluted and gradually alienated into participation in litigation activities.This change has led to the virtualization of the pre-litigation procedure of the procuratorial civil public interest litigation,which is contrary to the practical needs of other qualified subjects to participate in civil public interest litigation,and deviates from the supplementary requirements of procuratorial organs to initiate civil public interest litigation.This trend is detrimental to the healthy development of the procuratorial civil public interest litigation system.Therefore,in the future,it is necessary to rectify the proper position of the supporting prosecution system in the pre-litigation procedure of the procuratorial civil public interest litigation,and clarify its specific application methods and contents in the pre-litigation procedure of the procuratorial civil public interest litigation.