关于“检察机关支持起诉”的冷思考

实践中一些检察机关开展民事支持起诉工作,具有一定的积极意义。但检察机关支持起诉缺乏理论支持,在法律上也缺乏明确依据,在实践中是否具有必要性与可行性也值得怀疑,更重要的是这一做法与民事诉讼私法自治的精神及处分原则相违背,亦与市场经济中的平等理念不相符。检察机关应开辟合法、合理的保护国有资产之途径,督促起诉与提起民事公益诉讼才是检察机关参与民事诉讼之发展方向。

Calmly Pondering over the Procuratorial Agency Supporting the Prosecution

In practice, it has definite significance that a few procuratorial organs carry out civil supporting prosecution. But that is short of theory as well as a clear and definite legal basis, and the question has been raised about its necessity and feasibility in practice. Furthermore, it conflicts not only with the punishment principle and the autonomy spirit of private law, but also with the equal idea of market economy. The procuratorial organ should open up approach of protecting state-owned assets, and set the developing direction of supervising prosecution and urging civil public legal action in a lawsuit.