国家民事公诉:检察权的新型配置与制度建构

The Redistribution of the Procuratorial Powers and the Establishment of System

从检察权产生、发展的历史背景和现实需求来考察,检察机关维护国家利益和社会公共利益的角色定位,使其具有承担国家民事公诉权能的自然身份,有充分理由将民事公诉纳入我国检察权新型配置的视野。我国民事公诉法律制度的构建,需要对检察机关的诉权和诉讼法律地位,公诉案件的受案条件、范围和管辖,公诉案件的证据规则,公诉案件的审理、裁判和执行等具体内容进行合理设计,既保障检察机关依法履行职能,又避免与政府公权力的行使和当事人意思自治的基本原则产生冲突。

From the history of the development of the procuratorial powers and the demand of the current situation, it is reasonable for the procuratorial organ to protect the national and social public interests and to obtain the national procuratorial powers. Moreover, the civil indictment should be adopted by the redistribution of rights during the process of China＇ s judicial reform. To establish the legal system of civil indictment, it is necessary to consider the litigant right of the procuratorial organ and its juridical status in litigation, the condition to accept the case of public prosecution, the rule of evidence, and the handling, judging and execution of the case, so that the legal rights of the procuratorial organ are guaranteed. On the other hand, it is likely to avoid the confliction between exercising the powers of the government and the foundational principle of litigant＇ s party autonomy.