公益诉讼是维护人民利益的法治工具,我国的公益诉讼检察制度从无到有快速的发展起来,是贯彻习近平法治思想的要求,是源于人民群众的现实需要,更切实解决了社会公益治理空白的问题。本文从行政公益诉讼领域出发,通过文献分析法、案例研究法、座谈法等研究方法和路径分析,结合2018年-2022年T市H区人民检察院办理的行政公益诉讼案件,探讨基层检察机关在多向协同治理机制建立和运行过程中存在的优势和劣势,分析在行政公益诉讼领域下如何与上级检察机关和跨区域检察机关、跨部门行政机关协同治理。研究结果表明:机制对建设法治政府实效明显,对提升行政机关社会治理能力效果明显,对保障国家利益和社会公共利益增强明显,对促进检察机关法律监督工作帮助明显。机制仍存在主体性和客观性困境,还有大量潜在能量未发掘。研究在对多向协同治理机制存在的劣势、主体性和客观性困境进行探讨的基础上,建议从三个方面出发:提升横向协同治理机制协作活力,激活纵向协同治理机制一体动力,发挥多向协同治理机制制度优势。
Public interest litigation is a legal tool to safeguard people‘s interests.The procuratorial system of public interest litigation has developed rapidly from scratch, which is the requirement of carrying out Xi Jinping Thought on the rule of law, is derived from the practical needs of the people, and more effectively solves the problem of social welfare governance blank.From the perspective of this field of litigation, based on the cases of administrative public interest litigation handled by the People‘s Procuratorate of H District of T Municipality from 2018 to 2022, this paper discusses the advantages and disadvantages of the establishment and operation of the multi-directional collaborative governance mechanism of grassroots procuratorial organs. Through the analysis of research methods and approaches such as literature analysis, case study and discussion method, to explore how to promote the work of administrative public interest litigation in cooperation between grassroots procuratorial organs, higher-level procuratorial organs, trans-regional procuratorial organs and cross-departmental administrative organs in various fields, and effectively improve the effectiveness of the multi-directional collaborative governance mechanism.The research results show that: the mechanism has obvious effect on the construction of government ruled by law of administrative organs, has obvious effect on the improvement of the administrative organs‘ social governance ability, and has obvious enhancement on the protection of national interests and social public interests. It will obviously help to promote the legal supervision work of the procuratorial organs The mechanism still has the dilemma of subjectivity and objectivity, and there is still a lot of potential energy untapped.On the basis of discussing the disadvantages, subjectivity and objectivity of the multi-directional collaborative governance mechanism, the study suggests that we should start from three aspects: enhance the collaborative vitality of the horizontal collaborative governance mechanism, activate the integrated power of the vertical collaborative governance mechanism, and give full play to the institutional advantages of the multi-directional collaborative governance mechanism.