我国检察公益诉讼制度的发展态势与制度完善——基于2017—2019年数据的实证分析

我国检察公益诉讼制度全面实施两年后呈现出新的发展态势。亟需理论深入研判。本文以2017—2019年间的司法数据为基础，运用实证方法分析了《行政诉讼法》《民事诉讼法》修改后检察公益诉讼在办案数量、办案规则、办案能力、办案力量、办案重心等方面的发展态势：审判机关和检察机关的办案数量增长迅速，并积极推动诉讼规则完善；各地办案数量差异明显，案件分布不均衡；基层人民检察院是办案主力军；行政公益诉讼案件数量锐减，办案重心转向刑事附带民事公益诉讼案件；立案数量快速增长，但履行诉前程序、提起诉讼的比率呈下降趋势。这些发展态势的内因是检察机关组织机构改革带来的办案能力的提升；外因是党委和人大增强了对检察公益诉讼的支持力度，化解了制度运行中的部分障碍。未来还需从内、外、广、深四个维度推动检察公益诉讼制度完善：促进公益诉讼检察与三大检察内部融合；建立公益诉讼检察与法治政府的耦合；探索拓展受案范围；建构符合需要的诉讼机制。

The development and improvement of public interest litigation by procuratorate in China:An empirical analysis based on related data from 2017 to 2019

With full operation of two years, the public interest litigation by procuratorate in China appears new tendency which needs to be studied. This study reaches some conclusions based on the judicial data between 2017 and 2019 which shows some new phenomenon of the mechanism of the public interest litigation by procuratorate since the amendment of the Administrative Procedure Law and the Civil Procedure Law. On the whole, the number of cases handled by judicial organs and procurational organs has increased, and active exploration has been carried out on the improvement of the litigation rules. Meanwhile, there is also an obvious gap in the number of cases handled by different regions, and basic-level people''s procuratorates are the main force in handling cases. Besides, the number of administrative public interest litigation cases has sharply decreased, and the weight of handling cases has shifted to criminal incidental civil public interest litigation cases. The number of procuratorial public interest litigation cases is rapidly increasing, but the rate of performing pre-litigation procedures and filing lawsuits is decreasing. The main reason for such situation is that the reform of the internal organizational structure of the procurational system has brought about the improvement of the ability of handling cases, and the Party Committee and the National People''s Congress have strengthened their support for the mechanism of procurational public interest litigation, which resolving some obstacles in the operation of the mechanism. The study proposes to further improve the procurational public interest litigation system from four dimensions: inside, outside, wide and deep, which repuests to promote the internal integration of public interest litigation by procuratorate and the other three procuratoratorial tasks, to establish the coupling of public interest litigation by procuratorate and law based government, to explore and expand the scope of accepting cases, and to construct the litigation mechanism according to the needs.