检察公益诉讼前置预防性程序完善研究——以危险化工领域为例

On the Improvement of Pre preventive Procedure in Public Interest Litigation of Prosecutors——A Case Study of Hazardous Chemicals Zones

检察机关办理安全生产领域预防性行政公益诉讼案件具有可行性与必要性,其中危险化工品具有高风险性,应被视为重点监管对象。检察机关制发诉前建议要基于“是否暗藏重大风险隐患”视角,就依法负有监管职责的行政机关是否履行法定职责等方面进行细致调查和充分论证。在高危化工领域办案实务中,检察机关要充分发挥协调联立机制,树立多部门合作共赢理念,并通过完善诉前程序衔接及检察建议等措施构建诉前程序新维度。

It is feasible and necessary for procuratorial organs to handle preventive administrative public interest litigation cases in the field of safety production,among which hazardous chemicals have high risks and should be regarded as key regulatory objects.Before issuing a lawsuit,the procuratorial organs suggest conducting a detailed investigation and sufficient argumentation on whether the administrative organs responsible for supervision in accordance with the law have fulfilled their statutory responsibilities based on the perspective of“whether there are significant hidden risks and hidden dangers”.In the practice of handling cases in the high-risk chemical industry,the procuratorial organs should fully leverage the coordination and cooperation mechanism,establish the concept of multi-departmental cooperation and win-win,and construct a new dimension of pre-litigation procedures through measures such as improving the connection of pre litigation procedures and procuratorial suggestions.