论检察机关与公益诉讼——以新民事诉讼法为背景

On the procuratorial organs and public interest litigation——In the context of the new Civil Procedure Law

民事诉讼法第二次修订的惊喜亮点,体现出法治民主的重大进步,并从此开启了我国公益诉讼之门。然而,这一条款对公益诉讼主体规定得比较模糊,难以把握。之前认同度极高的检察机关并未获得法定主体资格,这将检察机关已开展多年的公益诉讼探索陷于维谷。因此,检察机关必须重新定位自身在公益诉讼中的地位与作用。

The highlight of the second revision of the Civil Procedure Law reflected the significant progress in the rule of law and democracy and opened the doors of public interest litigation. However, the provision of the main subject of public interest litigation was vague and difficult to grasp. The procuratorial organs with a high degree of recognition before wasn＇t qualified legally as the main subject, which brought the public interest litigation carried out for many years by the procuratorial organs into the dimension valley. Therefore, the procuratorial organs must relocate their position and role in the public interest litigation.