检察民事公益诉讼调查核实权研究
Research on Procuratorial Civil Public Interest Litigation Investigation and Verification Rights

近年来，检察机关调查核实权的行使已进入学界与实务界讨论的视野，成为检察机关延伸拓展法律监督职能、促进检察工作高质量发展的重要内容。调查核实权已成为新时代检察机关履行法律监督职能的重要手段和方法，也是检察机关依法履行民事公益诉讼职能，推进新时代检察机关法律监督的重要保障。但就目前而言，调查核实权的有关理论相对缺乏，实践中调查核实权的行使仍然面临着法律依据不足、强制力保障不足、检察机关举证责任过重以及证明标准过高等问题。检察机关如何用好调查核实权，提升法律监督质效，需要我们积极思考和有所作为。因此，为进一步探索调查核实权规范运行的合理路径，有效提升法律监督效能，优化公益诉讼中调查核实权行使规则，应在立法层面明确调查核实权的程序、内容等，增加调查核实权的强制性保障措施，适当降低检察机关的举证责任和证明标准，以保障检察机关用好调查核实权，更好地维护公共利益。
In recent years, the exercise of investigation and verification power of the procuratorial organs has entered the field of vision of the academic and practical discussions, and has become an important part of the extension and expansion of the legal supervision function of the procuratorial organs to promote the high-quality development of procuratorial work. The right of investigation and verification has become an important means and method for procuratorial organs to fulfill their legal supervision function in the new era. It is also an important means and method for procuratorial organs to fulfill their civil public interest litigation functions in accordance with the law, and an important safeguard for the legal supervision of procuratorial organs in the new era. However, for the time being, there is a relative lack of theory on the right to investigate and verify, and the exercise of the right to investigate and verify in practice is still faced with an insufficient legal basis. The exercise of the right of investigation and verification in practice still faces problems such as insufficient legal basis, insufficient guarantees of coercive power, an excessive burden of proof on the procuratorial authorities, and excessively high standards of proof. How the procuratorial organs can make good use of the power of investigation and verification and improve the quality and effectiveness of legal supervision requires active thinking and action on our part. Therefore, in order to further explore the reasonable path for the standardized operation of the investigation and verification power, to effectively enhance the effectiveness of legal supervision, and to optimize the rules for the exercise of the investigation and verification power in public interest litigation, the procedures and contents of the investigation and verification power should be clarified at the legislative level, the mandatory safeguards of the investigation and verification power should be increased, and the burden of proof of the procuratorate should be appropriately lowered as well as the standard of proof, so as to ensure that procuratorial organs can make good use of the investigation and verification