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民事公诉——是指检察机关对于特定范围内的某些涉及重大国家利益、社会公共利益及有关公民重要权利的民事案件,在无人起诉或当事人不愿诉、不敢诉、不能诉、怠于起诉的情况下,向法院提起民事诉讼,主动追究违法者的民事责任,以保护国家、社会和公民的合法权益。对带有国家干预性质的民事公诉,在绝大多数现代法治国家都有明文法律规定以及经典判例,如美国检察官诉微软公司一案就是典型的民事公诉。然而在我国,对于是否应当设置由检察机关提起诉讼的民事公诉制度,一直存在着争论,即便是在检察机关内部,对是否提起和参加公益诉讼,也有着不同的认识。
Civil prosecution refers to the procuratorial organs for certain cases involving civil affairs of major national interests, social and public interests and the important rights of civil cases, in the absence of prosecution or the parties do not want to sue, did not dare to sue, can not sue, lazy In the case of prosecution, it filed a civil lawsuit with the court and took the initiative to investigate the civil liability of the offender so as to protect the legitimate rights and interests of the country, society and citizens. For civil prosecutions with the nature of state intervention, there are express laws and legal precedents in most modern countries ruled by law. For example, the case of U.S. Prosecutor v. Microsoft Corporation is a typical civil prosecution. However, in our country, there has been a debate about whether to set up a system of civil prosecution initiated by the procuratorial organs. Even within the procuratorial organs, there is a different understanding of whether to initiate and participate in public interest litigation.