论赋予人民检察院民事公诉权之合理性

On the Rationality for Entrusting People's Procuratorate with the Right of Civil Public Prosecution

检察机关作为公益代表人和法律监督者,赋予其民事公诉权是世界各国的一般做法。我国经济体制改革使得公益保护的需要凸显出来,而检察机关由于其自身特点成为担负保护公益责任的最佳选择。此外,在诉讼理论上赋予检察机关民事公诉权也具有其相应的合理性。

It is a general work way in various countries of the world that the procuratory organ, which acts as the representative of public interest and super intendent of law, is entrusted with the right of civil public prosecution. The r eform of the economic system of our country makes the need of the public protect ion project; and owing to its special point the procruatory organ has become the optimum choice for undertaking the task of protecting public interest. Besides, there exists the corresponding rationality for entrusting the procuratory organ with the right of civil public prosecution.