检察公益诉讼法
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两高发布行政公益诉讼典型案例:进一步统一法律适用标准
Xin Lang Cai Jing· 2025-12-22 03:54
行政公益诉讼制度已步入全新发展阶段,两高要求进一步统一法律适用标准。 12月22日,最高人民法院、最高人民检察院联合发布第三批行政公益诉讼典型案例。智通财经注意到, 前述典型案例涵盖农用地保护、农产品质量安全、处方药使用安全、公共租赁住房管理、无障碍环境建 设、妇女平等就业权益保障、抗战文物保护等多个领域。 今年10月,党的二十届四中全会审议通过的"十五五"规划建议,明确提出"强化检察监督,加强公益诉 讼"。最高人民法院审判委员会委员、行政庭庭长耿宝建表示,行政公益诉讼制度已步入全新的法治 化、规范化发展阶段。目前已有26部现行法律规定了公益诉讼条款,行政公益诉讼的受案范围从最初的 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等4个法定领域,扩展到妇 女权益保障、无障碍环境建设、文物保护等14个领域。 徐向春表示,前述典型案例所积累的程序规则、履职标准、裁判方式和协作机制,反映了司法实践中形 成的广泛共识,可视为"立法前的司法预演",为专门立法提供了可复制、可推广的实践样本。随着检察 公益诉讼法草案的审议通过,本批典型案例的引领作用将进一步扩大,有助于统一法律适用标准。 "检察公益诉讼法 ...
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]
检察公益诉讼法草案初审 明确检察公益诉讼案件领域
Zhong Guo Xin Wen Wang· 2025-10-24 10:51
Core Points - The draft of the Public Interest Litigation Law has been submitted for initial review, clarifying the scope of public interest litigation cases handled by the procuratorate [1] - The law aims to summarize ten years of mature practices and innovations in public interest litigation, enhancing the effectiveness and development of this judicial system [1] Group 1: Legislative Framework - The draft consists of six chapters, including general principles, jurisdiction, investigation, litigation initiation, trial, execution, and supplementary provisions, totaling 53 articles [1] - It specifies 14 existing fields for public interest litigation and adds two new areas: cultural heritage protection and national defense and military interests [1] Group 2: Investigative Procedures - The draft rationalizes the powers of the procuratorate in handling public interest litigation, prohibiting coercive measures such as personal freedom restrictions or asset seizures [2] - It establishes obligations for cooperation from investigated entities and individuals, along with legal responsibilities for obstructing investigations [2] Group 3: Pre-Litigation Procedures - The draft outlines procedures for the procuratorate to issue opinions and for administrative agencies to respond and rectify issues [2] - It allows the procuratorate to initiate civil public interest litigation when other relevant agencies fail to act in cases related to ecological damage and resource protection [2]
新华社权威快报丨检察公益诉讼法草案初审亮相
Xin Hua She· 2025-10-24 10:33
Core Points - The draft of the Public Interest Litigation Law was submitted for review at the 18th meeting of the 14th National People's Congress Standing Committee on October 24, 2025 [4] - The draft consists of 6 chapters and 53 articles, outlining the fields, principles, powers, and procedures for public interest litigation [4] - The establishment of the public interest litigation system has achieved positive results in practice, and the law aims to summarize ten years of mature experiences and innovations [4] Summary by Sections Legislative Framework - The draft law specifies the areas and principles of public interest litigation, as well as the procedural aspects of handling cases [4] - It aims to enhance the protection of national and social public interests through clearer regulations [4] Practical Implications - The law is expected to address practical challenges faced in public interest litigation, promoting innovation and improving the quality and efficiency of the work [4] - The initiative reflects a commitment to comprehensive development in the field of public interest litigation [4]
新华社权威快报|检察公益诉讼法草案初审亮相
Xin Hua She· 2025-10-24 09:30
Core Points - The draft of the Public Interest Litigation Law was submitted for review at the 18th meeting of the 14th National People's Congress Standing Committee on October 24, 2025 [6] - The draft consists of 6 chapters and 53 articles, outlining the fields, principles, powers, and procedures for public interest litigation by prosecutors [6] - The establishment of the public interest litigation system has achieved positive results in practice, and the law aims to summarize ten years of mature experiences and innovations to enhance the protection of national and social public interests [6] Summary by Sections - **Legislative Framework** - The draft law specifies the areas and principles of public interest litigation, as well as the procedural aspects of handling cases [4][6] - **Objectives and Benefits** - The law is designed to address practical challenges and promote the quality and efficiency of public interest litigation work, ensuring better protection of public interests [6]
检察公益诉讼法草案将初审 拟明确案件领域和办案原则
Zhong Guo Xin Wen Wang· 2025-10-23 05:08
Core Points - The draft of the Public Interest Litigation Law is set for initial review by the 18th session of the 14th National People's Congress Standing Committee [1] - The draft aims to clarify the areas of cases and principles of handling, as well as to define the jurisdiction of public interest litigation [1] Summary by Sections - **Draft Purpose and Goals** - The draft is designed to protect national interests and social public interests, improve the public interest litigation system, and ensure the lawful conduct of public interest litigation [1] - **Key Provisions of the Draft** - Clarification of case areas and handling principles [1] - Definition of jurisdiction for public interest litigation [1] - Rational allocation of prosecutorial powers [1] - Standardization and improvement of pre-litigation procedures [1] - Specification of trial and enforcement procedures [1]
检察公益诉讼法草案将提请初审,明确案件领域和办案原则
Xin Jing Bao· 2025-10-23 03:49
Core Points - The draft of the Public Interest Litigation Law will be submitted for initial review at the 18th meeting of the 14th National People's Congress Standing Committee [1] - The law aims to protect national interests and social public interests, improve the public interest litigation system, and ensure the lawful conduct of public interest litigation by procuratorial organs [1] - The draft includes clarifications on case areas and handling principles, jurisdiction of public interest litigation, reasonable allocation of prosecutorial powers, and regulations on pre-litigation procedures as well as trial and execution processes [1]