检察机关公益诉讼当事人适格及角色问题论析

Analysis on Procuratorate's Qualification for Proper Party and Its Role in Public Interest Litigation

随着2015年人大授权最高检就公益诉讼试点活动的展开,当前公益诉讼制度的实践探索正稳中有序地进行,但对公益诉讼制度的理论研究却步履维艰。本文围绕检察机关在公益诉讼中当事人适格及其角色地位问题展开探讨。首先从民事诉讼法当事人理论入手,通过对民事公益诉讼和行政公益诉讼的区分作不同分析,论证检察机关当事人适格的理论基础。其次以检察权的权力性质分析为切入点,通过对检察权性质的判断,从而界定当前检察机关在公益诉讼中的角色地位。

With the approval of the Supreme Peoples Congress in 2015 on the experiments of public interest liti-gation ,the current practice of public interest litigation system is implemented steadily and orderly, however, the theoretical study of public interest litigation system itself turns out to be difficult. This paper centers around the qualification and roles of procuratorate in public interest litigation, it begins by introducing litigant theory of civil procedure act,then it makes an analysis on the difference between civil public interest litigation and administra-tive public interest litigation in order to demonstrate procurate＇s qualification for proper party. Secondly, it de-fines the role of present procuratorate by determining the nature of procuratorial power.