刑事附带民事公益诉讼诉前程序研究

A Study on the Pre-Litigation Procedure of Criminal Incidental Civil Public Interest Litigation

摘要: 2019年两高联合发布的《批复》对刑事附带民事公益诉讼是否应当履行诉前公告程序的问题做出了明确的肯定答复，但学界仍存在诸多争议，实践当中司法机关对此处理方式亦不相同。附带民事公益诉讼部分的性质为民事公益诉讼，应当适用《民事诉讼法》，且诉前公告并不必然影响刑事诉讼的效率。除却理论界对于诉前程序制度价值的争议，在实践当中，制度设计、适格主体的限制等现实问题更是为刑事附带民事公益诉讼诉前程序的履行增添了障碍。立足于此，对于现行制度下刑事附带民事公益诉讼诉前程序履行的合理完善，主要应涵盖法律规范的完善和程序制度的完善两方面。

Abstract: Although in 2019, the Supreme People’s court and the Supreme People’s Procuratorate jointly issued the reply, which made a clear affirmative answer to the question of whether the criminal incidental civil public interest litigation should perform the prelitigation announcement procedure, there are still many disputes in the academic circles, and in practice, the treatment of the judicial organ is also different. However, the nature of the part of civil public interest litigation attached to criminal litigation is a subordinate category of procuratorial civil public interest litigation, which is applicable to the civil procedure law, and the prelitigation notice does not necessarily affect the efficiency of criminal litigation. In practice, the practical problems such as the system design and the limitation of the qualified subject add obstacles to the performance of the prelitigation procedure of criminal incidental civil public interest litigation. Based on this, this paper puts forward some suggestions to improve the performance of prelitigation procedure of criminal incidental civil public interest litigation, including the improvement of legal norms and procedural system.