对我国检察院介入民事公益诉讼的探讨

Discussion on Intervention Made by Prosecutors' Office of China in Public Welfare Civil Litigation

我国的检察院是法律监督机关,不宜盲目移植国外的民事公诉制度。笔者认为:民事诉讼特有的规律要求我们在立法上对检察院介入民事诉讼正确定位,而完善行政执法体制,强化行政机关职能意识,同时,由检察机关以检察建议的形式对行政机关行使督促起诉权。这是目前形成对国家和社会公益有效保护的最为现实和合理的途径。

As prosecutor＇s offices of China is legal supervison agencies, they are not expected to transplant foreign civil procedural system without full consideration. The author holds on to the following opinion about the issue ： the intervention made by prosecutors＇ofrices in civil litigation must rind a correct definition in the legislation to reinforce administrative law enforcement system and awareness. In addition, prosecutors＇offices supervise administrative agencies to executive the power of prosecution by the way of checking. It is the most pragamatic and rational way to protect national and social public welfare effectively at present.