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检察机关介入公益诉讼对于保护国家和社会利益是必要的,但其介入公益诉讼也应当符合程序正当性的要求。检察机关介入公益诉讼应当从检察权的属性、界限及其与其他司法权能的关系中寻找并证明其合理性和存在的价值,充分考虑现行诉讼结构对其容纳度以及与其他诉讼主体间磨合中的协调程度。检察机关介入公益诉讼应围绕检察职能,运用检察建议督促起诉,并通过依法查处怠于行使职权的渎职犯罪,保障检察建议的效力。
Procuratorial organs involved in public interest litigation is necessary for the protection of national and social interests, but its involvement in public interest litigation should also meet the requirements of procedural legitimacy. Procuratorial organs involved in public interest litigation should be based on the prosecutorial power attributes, boundaries and their relationship with other judicial powers to find and prove its reasonableness and value of existence, give full consideration to the current litigation structure to accommodate its degree and the other litigation between subjects The degree of coordination. Procuratorial organs involved in public interest litigation should focus on procuratorial functions, the prosecution recommended the use of supervision and prosecution, and through investigation in accordance with the law lag behind in the exercise of powers of dereliction of duty to protect the effectiveness of prosecutorial recommendations.