十八屆四中全會通過的《中共中央關於全面推進依法治國若干重大問題的決定》(下稱《決定》)明確提出‘探索建立檢察機關提起公益訴訟制度’。而現行民事訴訟法和行政訴訟法均沒有檢察機關開展公益訴訟的直接規定如何在法治的軌道上探索公益訴訟,需要從三個路徑為檢察機關提供相關的法律支持 The “Decision of the CPC Central Committee and the Central Government on Several Major Issues in Ruling the Country by Law” (the “Decision”) passed by the Fourth Plenary Session of the 18th CPC Central Committee clearly put forward the proposal of “exploring the establishment of a system of public interest litigation initiated by the procuratorial organs.” However, neither the existing civil procedural law nor the administrative procedural law has the direct provisions on how prosecutors carry public interest litigation. How to explore public interest litigation on the track of the rule of law requires providing relevant legal support for procuratorial organs from three paths