我国民事起诉权完全由民事纠纷当事人行使,而社会现实要求在立法技术上设计一个代表社会公共利益提起民事公诉的主体。最合适的社会公共利益的代表是检察机关,由其提起民事公诉是各国立法通例,并与其作为国家法律监督机关的性质相吻合,在司法实践中也有理论支持,有利于保障审判独立和实现司法公正。 The right of civil litigation in our country is entirely exercised by the parties involved in civil disputes, and the social reality calls for the legislative body to design a representative of civil public prosecution on behalf of the public interest in the society. The representative of the most suitable social public interest is the procuratorial organ. It is the common practice of all countries to prosecute civil prosecutions, and is consistent with its nature as a supervisory organ of national law. It also has theoretical support in judicial practice, which is conducive to safeguarding the independence of judiciary and realizing judicial just.