中国未成年人检察公益诉讼制度研究

Minors are undoubtedly a vulnerable group in society, and the protection of their lawful rights and interests holds important social value and legal significance. In the context of the new era, public interest litigation not only serves as a powerful tool for safeguarding minors but also constitutes a crucial pathway for advancing modernized national governance. Under the framework of the newly revised Law on the Protection of Minors, procuratorial authorities, leveraging their public interest litigation function, have progressively established a distinctive judicial mechanism covering multiple domains of minor protection. This mechanism aims to address the deficiencies in civil and administrative legal safeguards while reinforcing judicial protection for minors' rights. To ensure that this system is both legally grounded and practically effective, it is essential to clarify its conceptual definition, key characteristics, and developmental trajectory, delineate its core components and operational framework, and draw insights from comparative legal studies on foreign models, thereby providing reference for the refinement of China’s procuratorial public interest litigation system for minors. The procuratorial public interest litigation system for minors refers to a judicial mechanism whereby procuratorial agencies, in accordance with legal provisions, fulfill their supervisory duties in the field of minor protection through public interest litigation and other means, thereby upholding minors' lawful rights. Its core function lies in intervening in cases involving public interests related to minors and rectifying unlawful acts that infringe upon their rights. Currently, this system has achieved preliminary success at both legislative and judicial levels. However, with evolving societal dynamics, cases involving minors have exhibited a trend toward diversification, extending beyond traditional issues such as guardianship violations and school bullying to emerging domains like cyberspace governance, digital economy rights protection, and cultural-entertainment industry compliance. In response, procuratorial authorities have adopted a dual approach of legislative refinement and judicial innovation to enhance the system’s operational efficacy. Nevertheless, case analyses and comparative data reveal that despite its achievements, the system still faces multiple challenges in practice. Legislatively, the relevant laws exhibit lagging and fragmented provisions, with the current legal framework failing to provide comprehensive regulations for minor protection. The scope of admissible cases remains narrow, excluding emerging and complex case types. Judicially, the lack of investigative authority and insufficient information-sharing mechanisms hinder procedural efficiency. To address these issues, it is imperative to refine the legislative framework by clarifying procedural norms and applicable scopes, promoting more precise legal provisions to improve enforceability. Additionally, the admissible case range should be expanded to incorporate emerging fields affecting minors' rights. Lastly, investigative mechanisms must be strengthened through cross-departmental information-sharing platforms to enhance case-handling efficiency.