Article 106 of the Law of the People's Republic of China on the Protection of Minors revised for the second time in 2020 clearly endows procuratorial organs with the right to sue in public interest litigation for minors,aiming to build a dual-track protection pattern of private and public interest litigation for minors,and provide institutional guarantees for the protection and long-term development of the public interests of minors.In judicial practice,the scope of cases accepted in procuratorial public interest litigation for minors should be reasonably defined,and the relevant connotations of"the public interests of minors"and"damaged public interests"should be accurately understood.All realistic and developmental interests related to minors'"body,mind,emotion,will,and aspiration"should be defined as the interests of minors to maximize the protection of the legitimate rights and interests of minors.The boundary of litigation rights in procuratorial public interest litigation for minors should be reasonably grasped.We should not only actively perform legal supervision duties based on safeguarding social public interests,but also grasp the boundaries of duties and prevent blind expansion of litigation rights.When the public interests of minors are damaged,they should actively perform their duties of filing lawsuits.When the interests of minors can be safeguarded by administrative means,procuratorial organs should supervise and urge relevant organs to perform their duties.When the legitimate rights and interests of minors are violated but public interests are not involved,procuratorial organs should perform their duties of urging and supporting the filing of lawsuits.
关键词
未成年人/检察公益诉讼/公共利益/受案范围/诉权边界
Key words
minors/procuratorial public interest litigation/public interest/scope of cases accepted/boundary of litigation rights
维普
万方数据