摘要
检察机关提起公益诉讼制度,是检察机关法律监督职能的拓展,目前这一制度正处于试点时期。检察机关提起公益诉讼的基本原理是宪政精神、检察监督和风险社会;诉讼程序上应遵循普遍性和特殊性、独立性和附带性、衔接性和转换性规律。检察机关应当结合诉讼领域、案件线索、前置程序和办案效果,从主体、程序和实体三个方面对提起公益诉讼进行制度构建。
The system of public interest litigation initiated by procuratorial organs is the extension of the legal su- pervision function of the procuratorial organs. At present, this system is in the pilot period. Through the analysis of the situation of the pilot, the litigation field, case clues, pre - procedures, case effects and other aspects of pub- lic interest litigation system were studied. And then it were demonstrated that the spirit of constitutionalism, procu- ratorial supervision and risk society was the basic principle of public interest litigation initiated by procuratorial organs. Point out that litigation should follow the laws of universality and particularity, independence and suffi- ciency, cohesion and conversion. On this basis, it is proposed that the system of public interest litigation initiated by procuratorial organs should be constructed from the three aspects of main body, the procedure and the entity.
出处
《辽宁公安司法管理干部学院学报》
2017年第3期21-24,共4页
Journal of Liaoning Administrators College of Police and Justice
关键词
公益诉讼
检察监督
原理
规律
制度构建
public interest litigation
procuratorial supervision
principle
law
system construction
