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通过立法确立公益诉讼制度,是法学理论研究的重要课题。赋予检察机关提起公益诉讼的职能,是公益诉讼制度的特点所决定的,而处理好检察机关与真正的利害关系人之间的关系,又是解决相关立法问题的关键。
Establishing public interest litigation system through legislation is an important issue in the study of legal theory. The function of granting prosecutors public interest litigation is determined by the characteristics of the public interest litigation system, and dealing with the relationship between procuratorial organs and real stakeholders is also the key to solve the relevant legislative issues.