检察机关在民事公益诉讼中的角色分析

民事公益诉讼所保护的公共利益与刑事公诉中检察机关保护的国家利益是不同的,并且检察机关不能很好地兼顾个人利益,因此检察机关不能提起民事公益诉讼。这并不代表检察机关无所作为。基于既判力扩张所造成的利益扩散,民事公益诉讼迫切需要检察机关进入。同时"放射状"诉讼结构之下复杂利益格局更是需要检察机关做好检察监督,而立法上关于检察监督的规定过于概括,需要予以细化。

Analysis of the Procuratorate＇ s Role in Publish Interest Litigation

The public interest protected by the civil litigation is different from the national interest protected in criminal prosecution. The procuratorate could not field civil public interest litigation. It is urgently requested that procuratorial organ should get involved in the civil public interest litigation in view of the diffusion of interest caused by the Res Judicata. Meanwhile, the complicated interest caused by litigation requests procuratorial organ to take the responsibility of prosecutorial supervision. However, the regulations of the prosecutorial supervision are too generalized, which need to be detailed in practice.