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民事督促起诉是检察权对行政权的法律监督,是国家为维护公共利益而实施的必要干预,亦是检察机关享有的特定诉权,本质上属于检察建议的范畴。对督促起诉进行探索实践的同时,必须对民事督促起诉制度的案件范围、适格主体、被督促单位处分权等理论问题予以厘清。从我国的现实需要来看,除了亟待立法上的确认外,还应该通过实施一系列的配套制度来保障督促起诉制度取得实效。
Prosecution by civil prosecutors is the legal supervision over the executive power, which is the necessary intervention by the state to safeguard the public interest. It is also the specific litigious right enjoyed by the procuratorial organs and essentially falls into the category of prosecutorial suggestions. While supervising and prosecuting the exploration and practice, we must clarify the theoretical issues such as the scope of the case, the proper subject, and the power of dismissing the prosecution system of civil prosecution. Judging from the actual needs of our country, in addition to the urgent recognition of the need for legislation, we should also ensure the effectiveness of the system of prosecution and prosecution by implementing a series of supporting systems.