论文部分内容阅读
民事公益起诉权是指在民事公益诉讼中,任何机关、团体或个人认为国家、集体或者民众的合法权益受到侵害,请求人民法院通过审判方式予以司法保护的一种诉讼权利。在我国也出现过一些涉及民事公益的诉讼案件,如环境污染损害赔偿案件、侵害消费者权益案件等,但当事人由于各种原因无法或不愿行使起诉权致使其合法权益得不到保障,或者因起诉主体不适格致使法院作出不利于当事人的判决。为了解决这一问题,本文将研究探讨建立检察机关民事公益起诉权制度。
Civil litigation right of public interest refers to a kind of procedural right that any organ, group or individual considers that the lawful rights and interests of the state, the collective or the common people have been infringed upon in civil public interest litigation and requests the people’s court to provide judicial protection through trial. There are also some litigation cases involving civil public welfare in our country, such as environmental pollution damage compensation cases and infringement of consumers’ rights and interests cases. However, due to various reasons, the parties are unable or unwilling to exercise their right of litigation to ensure their legal rights are not protected or Due to the suitability of the subject of the prosecution led the court to make a judgment unfavorable to the parties. In order to solve this problem, this article will study and discuss the establishment of procuratorial organs civil public prosecution right system.