检察机关提起民事公益诉讼的可行性及实现

检察机关提起民事公益诉讼在理论和实践上具有可行性。检察机关在提起民事公益诉讼过程中的法律地位是程序原告和法律监督者。检察机关提起民事公益诉讼不适用反诉、调解，不承担败诉后的诉讼费用。对检察机关提起民事公益诉讼的管辖、举证责任、审前准备、一审、上诉、执行、再审之诉与抗诉程序中的具体规则，应当明确规定和科学设置。

On the Feasibilities and Realizations of the Procuratorates' Submitting Civil Lawsuits of Public Interests

As it is theoretically and practically feasible for procuratorates to submit civil lawsuits of public interests, we should take bold steps in practice as procedural plaintiffs and law supervisers in the course of submitting civil lawsuits of public interests, Procuratorates neither suffer counterclaim nor intermediation in the judicial procedure nor bear lawsuit fees even if we lose a lawsuit. However,in order to provide guidance for judicial practice, promote the relative legislation and further China＇s civil procuratorial work, concrete demands and features concerning the domination, responsibility to quote, pretrial preparation, court of first instance, appeal, enforcement, lawsuit after enforcement and protest lawsuit should be definitely and scientifically constructed.