我国文化遗产检察公益诉讼现状、困境检视及完善进路

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关键词：文化遗产；检察公益诉讼；受案范围；检察建议；诉讼程序；协同治理中图分类号：D912.6 文献标志码：ADOI：10.19490/j.cnki.issn2096-698X.2025.06.058-067

Abstract： Cultural heritage is the core source of a nation’ s cultural soft power. It comprises the cultural creations and achievements handed down by past generations， including tangible cultural heritage such as monuments and relics，as wellas intangible cultural heritage such as folk arts. Judiciary provides an important legal guarantee for cultural heritage protection， serving as a solid defense. Through an analysis of 18 typical and guiding cases of procuratorial public interest litigation for cultural relics and cultural heritage released by the Supreme People’s Procuratorate from 2023 to 2O25， it is found that predicaments still exist in such litigation， including an imperfect legal system， unclear scope of accepted cases， insufficient effectiveness of procuratorial suggestions， incomplete procedures，and difficulties in enforcement. In response， based on the needs of cultural heritage protection， efforts should be made to continuously improve the legal application basis of procuratorial public interest litigation for cultural heritage to specify the scope of cases accepted， optimize its specific procedures to standardize the performance criteria， and improve its collaborative governance mechanism to promote the fulfillment of responsibilities. These measures aim to give full play to the judiciary’ s role in safeguardingand protecting cultural heritage.

Keywords： cultural heritage;procuratorial public interest litigation;scope of accepting cases;procuratorial suggestions;litigation procedures;collaborative governance

问题的提出

健全文化遗产保护传承体制机制，加快完善法规制度体系。（剩余12305字）