论国家治理体系下的检察公益诉讼

检察公益诉讼是富含治理内涵的司法体制创新。该制度体现了我国国家治理体系和治理能力现代化所具有的在执政党领导下、改革与建构并重、注重社会主义公益保护、兼具国家主导与半开放性等特征。检察公益诉讼制度形成了关联深广、多层嵌套的复杂网状治理结构。文章从历时性和共时性两个角度,剖析了检察权与行政权、审判权、立法权和公民权的关系演变,描述了网状结构中各主体不同的权能定位,以实现提升检察公益诉讼的治理效能。检察公益诉讼的治理效果明显,表现为治理领域广泛覆盖、治理力度全程深入、治理主体全面带动、治理规范充分法治化、治理方式刚柔并济。为了实现检察公益诉讼的治理目标,还需增强协同治理效应、完善治理机制与规范建设,并逐步提高检察机关司法治理能力。

On the Public Interest Litigation by Procuratorates under the State Governance System

Public interest litigation by procuratorates is an innovation of the judicial system with rich governance meanings. This institution reflects a certain number of characteristics of modernization of China’s state governance system and governance capacity, including under the leadership of the ruling party, paying equal attention to reform and construction, emphasizing protection of socialist public interest, taking the state actor as the leading factor as well as remaining semi-open, etc. The procuratorial institution of public interest litigation has formed a complicated network governance structure with widely deep relations and multi-layer nesting. For the purpose of improvement in the governance efficiency of public interest litigation by procuratorates, this article analyzes the evolution of the relationship between procuratorial power and administrative power, judicial power, legislative power, civic rights from a diachronic and a synchronic viewpoint as well as describes the different power’s or right’s functional orientation of each actor in this network structure. Besides, the procuratorial institution of public interest litigation has gained substantial achievement in governance, appearing as coverage across a wide range of governance field, in-depth governance efforts throughout the whole process, comprehensive driving of governance actors, the full rule of law in governance norms and combination of rigid and flexible governance methods. To achieve the governance goal of public interest litigation by procuratorates, it is necessary to enhance the synergy effect of governance, improve the construction of governance mechanisms and norms, and gradually improve the judicial governance capacity of procuratorial organs.