未成年人检察公益诉讼观察员制度的实践理性与路径

The Practical Rationality and Path of the Observer System of Juvenile Procuratorial Public Interest Litigation

未成年人保护一直是社会各界广泛关注的热点问题,自2017年最高人民检察院《关于依法惩治侵害幼儿园儿童犯罪全面维护儿童权益的通知》最早对未成年人保护公益诉讼作出规定,至2021年新《未成年人保护法》正式实施,未成年人检察公益诉讼制度的框架被确立下来。然而,未检公益诉讼实践尚存在多方面问题亟需解决,其中案件线索发现机制单一问题是核心问题之一。本文旨在论证未检公益诉讼观察员制度的实践理性所在,并对其规范化路径提出具体建议。

The protection of minors has always been the focus of public concern. Since the Notice on punishing crimes against kindergarten children and safeguarding children’s rights and interests issued by the Supreme People’s Procuratorate in December2017, which was the first to make provisions for the protection of minors in public interest litigation, till the new Law on the Protection of Minors officially implemented in 2021, the framework of the juvenile procuratorial public interest litigation has been established. However, the practice of the juvenile procuratorial public interest litigation still has many problems to be solved, among which the single discovery mechanism of case clues is one of the core problems. In view of this problem, some regions have tried "the observer system of the juvenile procuratorial public interest litigation". However, the theoretical basis of the system, the identification of observers, the content of observation work, the guarantee and management of observation work have not been clearly demonstrated and clearly defined. This paper aims to demonstrate the practical rationality of the observer system of the juvenile procuratorial public interest litigation and put forward specific suggestions on the path of its standardization.