我国应赋予检察机关民事公诉权

China Should Endow Prosecuting Authority with Right of Civil Public Prosecution

我国应当赋予检察机关民事公诉权,这是检察机关的性质和地位决定的,也符合我国宪法的原则和精神,还是维护社会公共利益的现实需要。赋予检察机关民事公诉权也是国外实践经验的借鉴。在具体设置民事公诉制度时,应当明确民事公诉案件的范围、条件、检察机关的地位和提起的方式,理顺检察机关在民事诉讼中的几种关系。

China should endow prosecuting authority with the right of civil public prosecution,as is determined by the nature and position of the prosecuting authority,is in accordance with the principle and spirit of China＇s constitution, and is a reality need for safeguarding social public interests.The endowment of prosecuting authority with the right of civil public prosecution can also find reference from international practical experiences.In actual setting up the system of civil public prosecution,the range and condition of the civil public prosecution cases,and the position of the prosecuting authority and mode of prosecution should be made clear,a few relations in which prosecuting authority is in the civil prosecution should be straighten out.