未成年人检察公益诉讼受案范围的“等”外探索

Exploration of Scope of Cases Accepted by Procuratorates in Public Interest Litigation Involving Minors

概述了未成年人检察公益诉讼立法现状及受案范围狭窄、法律规定不明确的问题;分析了受案范围立法和其扩张的现实需求之间的矛盾;总结实践探索的经验;阐释受案范围扩张的必要性。指明受案范围扩张要抓住公共利益的“公共”本质、以未成年人利益受侵害为底线、充分发挥检察机关工作优势。采用“列举+概括”的方式,列举了重点领域解决受案范围的实践难题。

The current status of scope of cases accepted by procuratorates in public interest litigation involving minors and the problems of the narrow scope of accepting cases and the lack of clarity in the provisions of the law were summarized.The contradiction between the legislation on the scope of accepting cases and the practical needs of its expansion was analyzed;the experience of practical exploration was summarized;the need to expand the scope of accepting cases was explained.It was specified that the expansion of the scope of accepting cases should grasp the“public”nature of the public interest,take the infringement of the interests of minors as the bottom line,and give full play to the advantages of the work of the procuratorate.Using the method of“enumeration+generalization”,the practical problems in solving the scope of cases accepted in key areas were enumerated.