民事督促起诉的属性特征与司法实践研究

The Attribute Property and the Judicature Practices of Civil Urged Prosecution

从本质特征上看,民事督促起诉属公益法律监督权,涵盖公益、中立、干预、谦抑的属性内涵;从区别特征上看,民事督促起诉不同于支持起诉、民事公诉、检察建议而具有特殊的角色、效力、功能;结合司法实践看,民事督促起诉体现出灵活、创造及回应社会的能动性以及解决纠纷、构建秩序、维护和谐的价值性。本文以昆明市检察机关的司法实践为例,分析民事督促起诉的属性特征及在司法实践中带来的有益启示。

Essentially, the civil urged prosecution belongs to public legal supervision power which is public, neutral, interven-ient and restraining considering its attributive connotation. From the perspective of distinctive features, the civil urged prosecu-tion plays a special role, possesses special effectiveness and has special functions, as it differs from support prosecution, civil public prosecution and the prosecuting suggestions. Combined with the judicature practices, the civil urged prosecution has the judicial activity of flexibility, creation and social responsiveness, as well as the value of resolving disputes, building order and maintaining harmony. Taking the judicial practices of procuratorial organ of Kunming as example, this paper analyzes the attrib-ute property of the civil urged prosecution and the beneficial enlightenments from judicial practices.