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建立检察机关以提起诉讼、参加诉讼和事后抗诉等多元方式介入民事诉讼的制度,学界在当前已初步达成共识。但是,检察机关介入民事诉讼的程序机制的设计一直是个难题。在借鉴国外立法经验的基础上,我国应从三个方面重构检察机关介入民事诉讼的程序机制:一是重塑检察机关在民事诉讼中的法律地位;二是检察机关介入民事诉讼的程序规制;三是检察机关介入民事诉讼的程序保障机制的构建。只有完成这些改革,检察机关介入民事公益诉讼才具有程序上的可操作性。
The establishment of procuratorial organs to initiate litigation, litigation and protest after litigation and other multiple ways to intervene in civil litigation system, the academic community has initially reached a consensus. However, the design of procedural mechanisms for prosecutorial intervention in civil litigation has always been a challenge. On the basis of drawing on the experience of foreign legislation, our country should reconstruct the procedural mechanisms for the procuratorial organs to intervene in civil litigation from three aspects. One is to reshape the legal status of procuratorial organs in civil litigation, the other is to regulate procuratorial organs’ Third, the procuratorial organs involved in civil litigation procedural safeguards. Only by completing these reforms is the procuratorial organ’s involvement in civil public interest litigation procedurally operational.