检察机关参与民事公益诉讼的理由及立法建议

Reasons for the People's Procuratorate Participating in Civil Procedures for Public Interest and Suggestions for Legislation

近年来,群体性民事侵权案件频发,严重侵害广大民众的合法权益,影响社会和谐与稳定,成为人们普遍关注且忧虑的社会热点问题。在法律制度层面上,许多国家对此已有相对完善的制度安排,即检察机关提起、参与民事诉讼制度。相形之下,我国的法律较为滞后且存在障碍。为改变此现状,依法维护社会公共利益,应当对《民事诉讼法》作适当修改。

Cases of massive civil tort, which seriously affect the legitimate interest of the public and endanger social harmony and stability, occur frequently in recent years and become hot spots of society which cause public concern. Many countries have set up an effective law system, that is, the proeuratorate initiating, and participating in, the civil procedures. However,the establishment of the relevant law system in China lags behind. To change the disadvantageous situation and to protect the public interest, the present Law of Civil Procedure should be amended.