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公共利益易受侵害,谁来代表公共利益进行司法救济,是一个必须解决的问题。当前,公民个人提起公益诉讼不鲜见,但结果不如人意。检察机关由于其法律监督者的身份和得天独厚的优势,使其应当担负起公益诉讼主体之责。其针对案件范围主要包括侵犯国有财产、环境污染等损害公益的案件,其诉讼方式既可以原告身份起诉也可以支持诉讼等方式进行。
The public interest is vulnerable, and who will carry out judicial relief on behalf of the public interest is a problem that must be solved. At present, it is not uncommon for citizens to bring public interest litigation, but the result is unsatisfactory. Procuratorial organs, because of their status as legal supervisors and unique advantages, should be responsible for the main body of public interest litigation. The scope of the case mainly includes infringement of state property, environmental pollution and other damage to public welfare cases, and the way of lawsuit can be prosecuted in the plaintiff’s status or litigation support.