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社会主义市场经济体制的逐步完善以及整个国家法治程度的不断上升,人们不仅仅关注着自身利益的保护,而且也越来越学会从社会的角度去思考公共利益。在这样一种趋势的影响下,关于诉讼制度也在悄然发生着微妙的变化。2012年《民事诉讼法》的修订为公益诉讼制度在我国的适用打开了一个缺口,但是由于规定得过于原则因而没有较强的操作性。因此为了能够使得我国的公益诉讼制度进一步完善,本文主要从以下四个方面对检察机关提起公益诉讼制度进行探讨:我国检察机关提起公益诉讼的现状、建立检察机关提起公益诉讼制度的必要性和可行性、建立检察机关提起公益诉讼制度所面临的困境、建立检察机关提起公益诉讼制度所应当采取的若干措施。通过以上四个方面的探讨,以期能够为我国检察机关提起公益诉讼制度的完善提供理论层面上的建议。
The gradual improvement of the socialist market economic system and the continuous rise of the rule of law in the entire country mean that people are not only concerned with the protection of their own interests but also learn to think more of the public interest from a social perspective. Under the influence of such a trend, the lawsuit system is also quietly changing subtly. The revision of the 2012 Civil Procedure Law opened a gap for the application of the public interest litigation system in our country, but it did not have strong operability due to the too-prescriptive provisions. Therefore, in order to further improve the system of public interest litigation in our country, this paper mainly discusses the system of public interest litigation initiated by the procuratorial organs from the following four aspects: the current situation that the procuratorate of our country filed the public interest litigation, and the necessity and feasibility of setting up the public interest litigation system The establishment of the predicament faced by the procuratorial organs to initiate the system of public interest litigation and the establishment of a number of measures that should be taken by the procuratorial organs to initiate the public interest litigation system. Through the above four aspects of discussion, with a view to the prosecution for the prosecution to bring up the improvement of public interest litigation system to provide theoretical advice.