不可移动文物保护中检察公益诉讼的适用

The Application of Procuratorial Public Interest Litigation in the Protection of Immovable Cultural Relics

近年来,不可移动文物保护逐渐成为检察公益诉讼的新领域。运用文献研究法、案例分析法和实证分析法,分析不可移动文物保护检察公益诉讼的相关规范依据和案例,发现存在原告局限于检察机关、滞后于司法等立法不足;案例总体上存在地域分布不均、忽视未定级文物等问题。在诉前程序、诉讼程序中,行政机关不予回复或不依法履职、原被告举证责任分配失衡、缺乏明确地判断行政机关未全面履行文物监管职责的标准等问题亟待解决。针对上述问题,从立法、程序、配套措施三方面提出相应具体建议,包括扩大原告范围、合理分配原被告举证责任等,为不可移动文物保护检察公益诉讼的适用提供改进方向。

In recent years,the protection of immovable cultural relics has gradually become a new field of prosecution public interest litigation.By using literature research,case analysis,and empirical analysis methods,this paper analyzes the relevant normative basis and cases of public interest litigation for the protection of immovable cultural relics.It is found that there are legislative deficiencies such as the plaintiff being limited to the procuratorial organs and lagging behind the judiciary;Overall,there are issues with uneven geographical distribution and neglect of unclassified cultural relics in the case.In pre litigation and litigation procedures,issues such as administrative agencies not responding or failing to perform their duties in accordance with the law,imbalanced distribution of burden of proof between the original and defendant,and a lack of clear standards for judging that administrative agencies have not fully fulfilled their responsibilities in cultural relics supervision need to be urgently addressed.In response to the above issues,specific suggestions are proposed from three aspects:legislation,procedures,and supporting measures,including expanding the scope of plaintiffs,reasonably allocating the burden of proof for the plaintiff and defendant,etc.,to provide improvement directions for the application of public interest litigation for the protection of immovable cultural relics.