刑事附带民事公益诉讼基本研究

Basic Research on Criminal Incidental Civil Public Interest Litigation

摘要: 随着国内经济的飞速发展，我国的法律制度逐步走向健全，法律也因此不再局限于保护个体的利益，愈发关注社会公共利益的维护，保护公共利益不仅与维护每个公民的权利密不可分，也更加有利于创造一个和谐社会以维持社会的稳定发展。近年来，检察公益诉讼制度的建立成为立法重点，本文着重讨论刑事附带民事公益诉讼制度，一方面这是公益诉讼领域的立法创新值得学习研究，另一方面刑事附带民事公益诉讼兼具了刑事诉讼与民事公益诉讼的特点，也是学界讨论的热点也是难点。结合当前我国相关法律规范，考虑到刑事附带民事公益诉讼的运用困境，笔者认为，刑事附带民事公益诉讼应当适当扩张受案范围，发展多元化主体参与诉讼，并且坚持履行诉前公告。以上研究分析，期望能更好维护公共利益以及节约司法资源。

Abstract: With the rapid development of the domestic economy, Chinese legal system is gradually becoming sound, so the law is no longer limited to the protection of individual interests, more and more concerned with the protection of social public interests, the protection of public interests is not only inseparable from the protection of the rights of every citizen, but also more conducive to creating a harmonious society to maintain the stable development of society. In recent years, the establishment of the procuratorial public interest litigation system has become the focus of legislation, and this paper focuses on the criminal incidental civil public interest litigation system, on the one hand, it is a legislative innovation in the field of public interest litigation that is worth studying, on the other hand, criminal incidental civil public interest litigation has the characteristics of both criminal procedure and civil public interest litigation, and it is also a hot spot and difficult point for academic discussion. Considering the dilemma of the use of criminal incidental civil public interest litigation, the author believes that criminal incidental civil public interest litigation should appropriately expand the scope of cases accepted, develop diversified subjects to participate in litigation, and persist in performing pre-litigation announcements. The above research and analysis hope to better safeguard the public interest and save judicial resources.