论检察民事公益诉讼请求的精准化

Research on the Precision of Requests Filed by the Procuratorate in Civil Public Interest Litigation

  • 摘要: 诉讼请求之精准程度,不仅影响民事公益诉讼的案件审判效率,还关乎国家、社会的公共利益和当事人合法权益的充分维护,更关系社会主义法治国家建设的有效推进。现阶段检察机关提出的民事公益诉讼请求存在精准性欠缺的问题,直接影响司法对公益的保护与救济效果。但这仅靠检察机关一己之力难以扭转,还需要多方的积极配合。从理论上看,民事实体法所强调的公正理念、民事程序法所坚持的效率价值与检察权行使所秉承的谦抑原则,无不强调检察民事公益诉讼请求精准化之必要。从实践中看,私益救济的传统、审前准备与法官释明的失落以及检察机关权力供给与知识储备的不足,客观上造成了检察民事公益诉讼请求精准化的困境。未来可考虑借助引入民事公益责任承担标准、强化检察机关调查取证权、充分发挥审前准备程序功能、鼓励法官积极释明以及优化检察民事公益诉讼工作机制等策略,促成检察民事公益诉讼请求精准化的妥当实现。

     

    Abstract: The accuracy of litigation requests not only affects the trial efficiency of civil public interest litigation, but also relates to the full protection of social public interests and the legitimate interests of the parties, and it is also related to the effective promotion of the construction of a socialist country ruled by law. At present, the civil public interest lawsuits filed by the procuratorate is lack of precision in civil public interest litigation, which directly affects the effect of judicial protection and relief on public interest. Solving this problem requires the active cooperation of many parties. Theoretically, the justice concept emphasized by the civil substantive law, the efficiency value insisted by the civil procedure law and the modesty principle upheld by the operation of procuratorial power all emphasize the necessity of accurate requests in civil public interest litigation. From the perspective of practice, the tradition of private benefit relief, the loss of pre-trial preparation and judges' interpretation, and the lack of power supply and knowledge reserve from procuratorate cause the dilemma of accurate requests in civil public interest litigation. In order to improve accuracy of requests in civil public interest litigation filed by the procuratorate, it is proposed that developing a special interest litigation liability system of civil public, strengthening the investigative power of prosecutors, making full use of pre-trial preparation procedures, encouraging judges to actively exercise of the clarifying power and improving quality of work of prosecutors should be taken seriously.

     

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