论检察机关的民事公诉权

On Civil Right of Prosecution of Procuratorial Organs

我国民事起诉权完全由民事纠纷当事人行使,而社会现实要求在立法技术上设计一个代表社会公共利益提起民事公诉的主体。最合适的社会公共利益的代表是检察机关,由其提起民事公诉是各国立法通例,并与其作为国家法律监督机关的性质相吻合,在司法实践中也有理论支持,有利于保障审判独立和实现司法公正。

Civil right of indictment is totally granted to the parties of a dispute, which is against the demand of social reality that there should be a civil subject who represents public interest to initiate a public prosecution. In theory, the most appropriate representative are procuratorial organs. It is a globally common phenomenon that a public prosecution is initiated by procuratorial organs, which is suitable in the view of theory, just and the nature of procuratorial organs.