论构建我国民事公诉制度的基本思路

民事公诉制度是许多国家民事诉讼中的一项重要制度,我国现行民事诉讼法没有予以规定。由于我国目前存在着诸多严重侵害民事公益的问题,并且得不到有效的司法救济,所以,在我国建立民事公诉制度十分必要。我国的民事公诉制度应由检察机关以公诉人身份提起,其起诉范围主要为几类特定的涉及国家与社会公共利益的民事案件。

On the Basic Train of Thought of Establishing the Civil Public Prosecution System

Civil public prosecution system is an important system in the civil procedure in many countries.However,there is no regulations about civil public prosecution system in our present Law of Civil Procedure.Because there are serious problems on the civil public interests protection in our country nowadays,and the problems haven't received effective judicial relief,it is extremely urgent to establish our civil public prosecution system.The civil public prosecution system should be taken by the procuratorial organs as the public prosecutor,the scope of which mainly involves some special civil cases related to the country and social public interests.