检察公益诉讼
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人民日报:公益诉讼迎来专门立法
Ren Min Ri Bao· 2025-11-26 01:05
图①:新疆哈巴河县人民检察院公益诉讼检察部门检察官深入林区,开展调查取证。 赵小彬摄 图②:重庆检察未成年人保护工作团队代表梅玫(左一)在重庆市为明学校与学生交流。 新华社发 山东济宁市微山湖国家湿地公园五彩斑斓。 洪晓东摄 10月24日,《中华人民共和国检察公益诉讼法(草案)》(以下简称"草案")首次提请全国人大常委会 审议,对检察公益诉讼案件领域、职权配置及办案程序等作出规定。 党的十八届四中全会提出,"探索建立检察机关提起公益诉讼制度"。2015年,全国人大常委会授权13省 市开展为期两年的试点。2017年民事诉讼法和行政诉讼法修改,正式赋予检察机关提起公益诉讼权。从 顶层设计到实践落地,从局部试点到全面推开,检察公益诉讼步入全新的法治化、规范化发展阶段。 初审亮相的检察公益诉讼法有哪些重点和亮点?立法将如何推动检察公益诉讼更好地保护国家利益和社 会公共利益? 明确案件领域 既"锚定重点"又"预留空间" 微山湖、昭阳湖等"南四湖"因属于跨省流域,生态治理环境复杂,一度网箱养殖泛滥,湖水黑臭,检察 机关通过公益诉讼督促拆除非法养殖点1.8万亩,推动关闭"散乱污"企业1500余家;检察机关开展长 城、大运河 ...
公益诉讼迎来专门立法(坚持和完善人民代表大会制度)
Ren Min Ri Bao· 2025-11-21 00:36
图①:新疆哈巴河县人民检察院公益诉讼检察部门检察官深入林区,开展调查取证。 赵小彬摄 图②:重庆检察未成年人保护工作团队代表梅玫(左一)在重庆市为明学校与学生交流。 新华社发 山东济宁市微山湖国家湿地公园五彩斑斓。 洪晓东摄 10月24日,《中华人民共和国检察公益诉讼法(草案)》(以下简称"草案")首次提请全国人大常委会 审议,对检察公益诉讼案件领域、职权配置及办案程序等作出规定。 党的十八届四中全会提出,"探索建立检察机关提起公益诉讼制度"。2015年,全国人大常委会授权13省 市开展为期两年的试点。2017年民事诉讼法和行政诉讼法修改,正式赋予检察机关提起公益诉讼权。从 顶层设计到实践落地,从局部试点到全面推开,检察公益诉讼步入全新的法治化、规范化发展阶段。 初审亮相的检察公益诉讼法有哪些重点和亮点?立法将如何推动检察公益诉讼更好保护国家利益和社会 公共利益? 明确案件领域 既"锚定重点"又"预留空间" 草案对当前司法实践已较为成熟、社会共识度高的领域予以明确,将现行法律规定的14个领域(即生态 环境和资源保护、食品药品安全、国有财产保护、国有土地使用权出让、英雄烈士保护、军人权益保 护、未成年人保护、安 ...
检察公益诉讼护航,“英雄”钢笔工业遗产新生
2 1 Shi Ji Jing Ji Bao Dao· 2025-11-13 11:04
Core Points - The article discusses the preservation of historical documents and technical drawings related to the Shanghai Hero Pen Factory, which has a rich history of over 90 years and is recognized as a national brand [1][3] - The intervention of the public prosecution office aims to protect these valuable archives, which are considered national intangible assets and industrial heritage [4][6] Group 1: Historical Significance - The Hero Pen Factory has a comprehensive archive of over 3,600 volumes and more than 620,000 documents, including designs that broke foreign technology monopolies in 1958 and commemorative pens for significant events [3][4] - The factory's original hand-drawn designs and the intricate manufacturing process highlight the cultural and historical importance of these documents [3][4] Group 2: Legal and Administrative Actions - The public prosecution office has taken steps to ensure the protection of these archives by issuing recommendations to relevant administrative bodies for urgent protective measures [4][5] - A collaborative effort has been established involving the prosecution office, local government, and academic experts to guide the preservation and digitization of the archives [5][6] Group 3: Economic Impact - The successful digitization of 2,185 significant documents and 35 audio-visual materials has been completed, with some archives recognized as industrial heritage to be displayed in the Shanghai Industrial Museum [6] - The Hero Group has reported annual revenues exceeding 500 million yuan, attributing part of this success to the protection and innovation of intellectual property through new product strategies [6][7]
检察公益诉讼立法探路:如何保证检察机关不缺位不越权
Di Yi Cai Jing· 2025-11-12 13:24
Group 1 - The core viewpoint of the articles revolves around the development and significance of public interest litigation by the People's Procuratorate in China, highlighting its role in protecting social and public interests through legal means [2][3][6] - The public interest litigation system has evolved over the past decade, with over 1.224 million cases handled by procuratorial agencies, indicating a significant expansion in the scope of public interest protection [2][3] - The draft of the "Procuratorial Public Interest Litigation Law" has been introduced, aiming to clarify the jurisdiction and procedural aspects of public interest litigation, which has garnered substantial public attention with over 15,000 comments received [3][4] Group 2 - The draft law emphasizes the investigatory powers of procuratorial agencies, allowing them to collect evidence while ensuring that they do not impose coercive measures, reflecting a cautious legislative approach [4][5] - There is ongoing discussion regarding the expansion of the scope of public interest litigation to include areas such as food security and online space, indicating a potential for further legislative development [4][5] - The current legal framework allows only procuratorial agencies to initiate administrative public interest litigation, positioning them as the primary force in this area, with a significant disparity in case numbers compared to social organizations [6]
新华视点丨检察公益诉讼法草案四大看点解析
Xin Hua Wang· 2025-10-25 03:28
Group 1 - The draft of the Public Interest Litigation Law has been submitted for review, aiming to clarify the areas of cases, principles, powers, and procedures for public interest litigation by the procuratorial organs [1] - The law aims to enhance the protection of national interests and social public interests by defining the role of the procuratorial organs as representatives of public interest [3][4] - Since the pilot program began in 2015, the scope of public interest litigation has expanded significantly, with over 1.224 million cases handled by procuratorial organs from July 2015 to September 2025 [3] Group 2 - The draft specifies that procuratorial organs must adhere to principles of objectivity, legality, and public supervision while conducting public interest litigation [4] - It emphasizes the importance of public participation and supervision in enhancing the quality of public interest litigation, encouraging individuals and organizations to report violations [6] - The draft outlines detailed regulations for investigation and evidence collection, which are crucial for the quality of case handling [5] Group 3 - The draft prioritizes achieving public interest protection before litigation, with a high response rate to procuratorial suggestions from administrative bodies [8] - It establishes a mechanism for procuratorial organs to propose suggestions to administrative bodies when violations are identified, allowing for resolution before formal litigation [8] - This approach is seen as a way to respect administrative priorities and improve efficiency in public interest protection [8] Group 4 - The draft addresses the responsibilities of courts and procuratorial organs in the trial and execution phases of public interest litigation, ensuring effective protection of public interests [10] - It includes provisions for mediation and execution in public interest litigation cases, enhancing collaboration between judicial bodies [10] - The law aims to incorporate effective practices and public feedback to ensure that legislation aligns with practical needs [10]
检察公益诉讼法草案四大看点解析
Xin Hua Wang· 2025-10-24 22:20
Group 1 - The draft of the Public Interest Litigation Law clarifies the areas and principles for handling public interest cases, expanding from initial focus areas to include military interests and other mature fields, thus enhancing public awareness and legal basis for such cases [2][3] - The draft emphasizes the importance of objective, lawful, and transparent practices in public interest litigation, ensuring that the prosecutorial authority does not overstep its boundaries while promoting effective administrative compliance [3][4] Group 2 - The draft specifies detailed regulations for investigation and supervision, allowing prosecutors to collect evidence and encouraging public participation in reporting violations of public interest, which is seen as a crucial step for improving the quality of public interest litigation [4][5] - The draft prioritizes pre-litigation measures for public interest protection, with a significant number of administrative suggestions leading to high compliance rates, thus aiming to resolve issues before they escalate to litigation [6][7] Group 3 - The draft addresses the execution and trial processes in public interest litigation, clarifying the responsibilities of both the courts and prosecutors, which is expected to enhance collaboration and protect public interests effectively [7]
数说十四五︱“十四五”期间全国法院累计受理案件18974.5万件 司法机关以高质量办案服务高质量发展
Yang Guang Wang· 2025-10-17 01:00
Group 1 - During the "14th Five-Year Plan" period, courts across the country accepted a total of 189.745 million cases, providing strong support for high-quality development and long-term social stability [1] - A landmark case regarding plant variety infringement resulted in the highest compensation of over 50 million yuan, highlighting the effectiveness of punitive damages in deterring infringement [1] - A total of 2.34 million intellectual property cases were concluded during the "14th Five-Year Plan," fostering a favorable legal environment for innovation and high-quality development [1] Group 2 - The implementation of the Private Economy Promotion Law in May 2025 will hold administrative agencies accountable for failing to fulfill promises that harm the legitimate rights of private enterprises [2] - The scope of public interest litigation in ecological and environmental protection has expanded, with 348,000 cases handled, 90% of which are administrative public interest lawsuits [2] Group 3 - Courts concluded 23.466 million cases related to education, employment, elderly care, and healthcare during the "14th Five-Year Plan" [3] - In 2024, the number of cases received by courts is projected to reach 46.02 million, a 41.5% increase from 2020, with a cumulative adjudication rate of 98.03% [3]
权威发布·高质量完成“十四五”规划丨我国是世界上公认最安全国家之一
Ren Min Ri Bao· 2025-09-13 23:38
Group 1 - The "14th Five-Year Plan" period has seen significant progress in the construction of a rule-of-law China, providing strong support for economic development and social stability [1] - As of early September, there are 306 effective laws in China, with 36 new laws and 63 amendments made since 2021, promoting high-quality economic development [2] - The National People's Congress (NPC) has conducted proactive reviews of over 4,100 regulatory documents, ensuring the implementation of constitutional laws [3] Group 2 - The courts received a total of 189.74 million cases during the "14th Five-Year Plan" period, with a projected 46.02 million cases in 2024, marking a 41.5% increase from 2020 [4] - The Supreme People's Court has issued judicial interpretations on new business models, including facial recognition and online consumption, to protect civil rights [4] - The ecological environment has been a major focus, with 348,000 public interest litigation cases handled in this area, primarily administrative [6] Group 3 - Criminal cases reported a 25.7% decrease in 2024, highlighting the effectiveness of law enforcement in maintaining public safety [7] - The judicial system has emphasized social fairness and justice, with over 79 million disputes mediated successfully, achieving a 95% success rate [8] - Various dispute resolution methods, including mediation and arbitration, have been actively utilized, with 2.27 million arbitration cases processed [8]
我国是世界上公认最安全国家之一(权威发布·高质量完成“十四五”规划)
Ren Min Ri Bao· 2025-09-13 00:17
Group 1 - The construction of a rule-of-law China has made significant progress and historic achievements during the "14th Five-Year Plan" period, providing strong support for the rapid economic development and long-term social stability [1] - As of early September, there are 306 effective laws in China, with over 600 administrative and supervisory regulations, and more than 14,000 local regulations, indicating a continuously evolving legal system [2] - The National People's Congress (NPC) has actively reviewed over 4,100 regulatory documents and received more than 10,600 review suggestions, ensuring the implementation of laws and maintaining legal unity [3] Group 2 - The courts received a total of 189.74 million cases during the "14th Five-Year Plan" period, with a projected 46.02 million cases in 2024, reflecting a 41.5% increase from 2020 [4] - The Supreme People's Court has issued judicial interpretations on new business models, including facial recognition and online consumption, to protect civil rights and promote healthy development of digital commerce [4] - The ecological environment has been a major focus for public interest litigation, with 348,000 cases handled in this area, primarily administrative public interest lawsuits [5] Group 3 - Criminal cases reported a 25.7% decrease in filings in 2024, highlighting the effectiveness of law enforcement in combating serious crimes [6] - The national mediation organizations have resolved over 79 million disputes with a success rate exceeding 95%, while arbitration institutions handled 2.27 million cases [7]
法治中国建设取得突破性进展、历史性成就 我国是世界上公认最安全国家之一(权威发布·高质量完成“十四五”规划)
Ren Min Ri Bao· 2025-09-12 21:55
Group 1 - The "14th Five-Year Plan" period has seen significant progress in the construction of a rule-of-law China, providing strong support for rapid economic development and long-term social stability [1] - As of early September, there are 306 effective laws in China, with 36 new laws and 63 amendments made since 2021, promoting high-quality economic development [2] - The National People's Congress (NPC) has actively reviewed over 4,100 regulatory documents and addressed over 10,600 review suggestions, enhancing the legal framework [3] Group 2 - During the "14th Five-Year Plan" period, courts have accepted a total of 189.74 million cases, with a projected 46.02 million cases in 2024, marking a 41.5% increase from 2020 [4] - The Supreme People's Court has issued judicial interpretations on new business models, including facial recognition and online consumption, to protect civil rights and promote lawful digital business practices [4] - The prosecution of public interest cases in the ecological environment has reached 348,000, with 90% being administrative public interest cases, showcasing a significant legal effort in environmental governance [5][6] Group 3 - Criminal cases reported a 25.7% decrease in 2024, indicating effective law enforcement and crime prevention measures [7] - The establishment of over 3,200 standardized law enforcement centers has improved the legality and standardization of police operations [8] - The judicial administrative system has successfully mediated over 79 million disputes with a success rate exceeding 95%, demonstrating the effectiveness of various dispute resolution methods [9]