检察机关提起民事公益诉讼研究

Research on Civil Proceedings for Public Interests Initiated by the Prosecution

由于各种原因,我国立法并未就检察机关提起民事诉讼的问题做出明确规定。针对民事公益诉讼的内涵及我国民事公益诉讼现状的分析,阐述解析检察机关提起民事公益诉讼的理论、现实和法律依据,主张检察机关作为国家公益的当然代表,应当赋予其民事公益诉讼公诉人的法律地位。

Civil proceedings for public interests initiated by the prosecution have been exercised successfully in some foreign countries.For various reasons,civil proceedings for public interests initiated by the prosecution were not specified in a clear manner.The paper analyses the meaning and current situations of civil proceedings for public interests initiated by the prosecution,sets forth the theories,evidences and legal backing,and provides that as the necessary representative of state's public interests,public prosecutors should be granted the legal status of civil proceedings for public interests.