检察机关介入民事公益诉讼的制度设计

我国现行的法律法规忽视了对侵害国家利益和社会公共利益的违法行为进行追诉的制度设计,文章认为由检察机关介入到民事公益诉讼中,充分发挥检察机关的职能作用,可以有效地运用法律手段维护国家利益和社会公共利益,在制度设计上,既要遵循诉讼的基本原则,又要在检察环节和审判环节做好谋划。

System Design of Procuratorial Organs＇ Participation in Civil Public Interest Litigation

China＇ s current laws and regulations neglect the system design of recourse to the illegal acts against na- tional interest and social public interest. The article points out that the procuratorial organs should participate in the civil public interest litigation, give full play to its functions, and effectively protect the state interests and social pub- lic interests through laws. In the system design, we should not only follow the basic principle of litigation, but also pay attention to the links of the prosecution and trial.