民事行政公诉基本原则之探讨

鉴于民事行政公诉在维护国家利益、社会公共利益方面的独有作用,在我国建立民事行政公诉制度已被提上议事日程,成为社会各界关注的焦点。检察机关提起民事行政公诉时必须遵循以下基本原则:公益原则、国家干预原则、最终救济原则、客观义务原则、公益优先兼顾私益原则。

On the Basic Principles of the Civil and Administrative Prosecution

Due to the peculiar function of the civil and administrative prosecution to safeguard the country's interest and social public interest, it is urgent to construct this kind of system which has become the focus discussed by the whole society. Procurators must comply with these basic principles during the course of civil and administrative prosecution: the public interest principle; the country interveneing principle; the final relief principle; the objective obligation principle and the principle of protecting the public interest prior to the private interest on the basic of protecting both of them.