略论检察机关民事公诉权

检察权作为一种国家权力,从其产生就代表国家享有公诉权。公诉权包括刑事、民事和行政公诉权。这是研究检察机关民事公诉权的理论前提。检察机关是国家的法律监督机关。法律监督是对一切执法和守法活动的监督,包括对民商事、刑事、行政等法律行为和法律关系的监督。公诉权是行使法律监督权的一种重要形式。而检察权的法律监督本质和我国的实际情况,决定了检察机关有必要行使民事公诉权,但其行使范围有严格的限定。

On the Prosecutorial Authority of Civil Public Prosecution

Prosecutorial authority, as one kind of state power, enjoys the power of public prosecution on behalf of the state since it came into being. The power of public prosecution includes public prosecutions of criminal, civil, administrative action, which is the theoretical basis to study public prosecution of civil action of prosecutorial organ. According to our constitution, prosecutorial organ is the legal supervision organ. Legal supervision is the supervision on all the behaviors exerting and observing the law, including the civil, criminal and administrative legal behavior and legal relationship. Prosecutorial power is one important form to exert the power of legal supervision. The legal supervision nature of the prosecutorial power and the practical situation of our country make it necessary for the prosecutorial organ to exert the power of civil public prosecution,but the sphere to exert the power of civil public prosecution should be strictly limited.