论文部分内容阅读
2013年1月1日生效的《民事诉讼法》增加了公益诉讼条款,为各地检察机关的诉讼实践提供了法律依据。但是该法对公益诉讼只做了原则性的规定,并未对公益诉讼的具体内容进行细化,所以各地检察机关对参与公益诉讼方式的探索并未停止。目前我国检察机关所提起公益诉讼主要有三种方式:直接起诉、督促起诉和支持起诉。本文就立足于理论的基点对这三种方式进行评价,深入剖析公益诉讼制度,以达到完善公益诉讼体系的目的。
The Civil Procedure Law, which came into force on January 1, 2013, added the provisions of public interest litigation and provided the legal basis for litigation practice by the procuratorial organs in various places. However, this law has only made the principle provision to the public interest litigation, did not carry on the thinning to the concrete content of the public interest litigation, so the procuratorial organs around the world did not stop participating in the public interest litigation. At present, there are mainly three ways public procuratorial organs in our country prosecute public prosecutions: direct prosecution, supervision and prosecution and support for prosecution. This article based on the theoretical basis of these three methods to evaluate, in-depth analysis of public interest litigation system, in order to achieve the purpose of improving public interest litigation system.