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2015年7月,全国人大常委会授权最高检开展为期两年的公益诉讼试点,开启了我国检察机关提起公益诉讼的新篇章。作为我国的法律监督机关,由检察机关提起公益诉讼有着深厚的理论基础和实践根基。试点以来成效显著,提高了诉讼效率、节约了司法资源,又解决了公民在诉讼中“囚徒困境”的局限,但检察机关提起公益诉讼在立法上仍处于空白阶段。6月底,试点工作即将到期,建议立法以解决检察机关提起公益诉讼“无法可依”的局面。
In July 2015, the Standing Committee of the National People’s Congress authorized the Supreme People’s Procuratorate to launch a two-year trial of public interest litigation and opened a new chapter in the prosecution’s prosecution of public interest litigation. As the legal supervisory organ of our country, the public prosecutorial organ has a profound theory foundation and practice foundation. Since the pilot project, the effectiveness has been remarkable, the efficiency of litigation has been raised, the judicial resources have been saved, and the limitations of citizens in the “Prisoners’ Dilemma” have also been solved. However, the procuratorial organs are still at a blank stage in legislation. By the end of June, the pilot work is about to expire, and it is proposed that the legislation be put in place to solve the problem of prosecutorial organs bringing public interest litigation “unable to comply”.