略论我国检察机关民事行政诉讼权

检察机关是否应该享有民事行政诉讼权,是近年来立法争论的热点问题之一,也是进一步完善检察机关法律监督职能的重要方面。从国外检察机关提起民事诉讼的相关规定、我国对检察院提起民事诉讼的立法规定层面,探讨检察机关提起民事行政诉讼的法理基础,并分析检察机关在提起民事行政诉讼中的地位、民事行政诉讼权的范围等,可进一步明确我国检察机关民事行政诉讼权。

Research on Civil Administrative Litigation Right in Chinese Prosecution Organs

Whether the prosecution organs should have the civil administrative litigation right has recently been a controversial issue in legislation,as well as a significant aspect in perfecting the legal supervision function of prosecution organs.This paper begins with foreign and domestic related regulations about prosecution organs in conducting civil lawsuit,probes into the legal base for conducting civil administrative litigation by prosecution organs and furthermore analyzes the status of prosecution organs in conducting civil administrative litigation and the range of their civil administrative litigation right.