检察公益诉讼制度:回顾、反思与构建

Review, Reflection and Construction of Procuratorial System of Public Interest Litigation

我国历经了十三年检察公益诉讼之路,期间取得了不小的成绩,但非议之声亦伴随左右。纵观世界各国,无论从实证研究还是理论论证,检察公益诉讼制度几乎是大势所趋,对此,应当借检察制度改革之际,认真反思检察机关介入公益诉讼所面临的理论、实践问题,构建合理的检察公益诉讼制度。

The procuratorial system of public interest litigation has been used for thirteen years in our country, which has made a lot of achievements as well as sound of criticism. Throughout the world, no matter from the empirical research or the theoretical arguments, the procuratorial system of public interest litigation is almost inevitable. The author here points out that, during the reform of the procuratorial system, a reflection on the system should be carried out and the theoretical and practical problems should be solved so as to construct a reasonable procuratorial system of public interest litigation.