检察机关提起民事公益诉讼若干问题探讨

检察机关应当有权代表公共利益提起民事诉讼已成为理论界与实务界的共识,但就检察机关在民事诉讼中的地位、享有的诉讼权利义务、判决效力扩张等问题还未形成统一看法。检察机关在民事诉讼中应处于原告的诉讼地位,与普通当事人享有平等的诉讼权利义务,判决的效力也应当及于未参加诉讼的实体权利义务人。

Several Issues on Bringing Civil Lawsuits by the Procuratorial Organs

Scholars and law officers agree on the attitude that the procuratorial organs should be authorized to bring civil lawsuits for public interest;however,there is not yet any consensus of the status of prosecutors when bringing a civil lawsuit,the proce- dural rights and obligations of procurators,and the extension of the validity of the judgment.The procuratorial organs should stand the plaintiff's status in civil action,be entitled to the rights and obligations of normal party in litigation,and the judg- ments should be valid for any interested party who has not participated in the proceedings.