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公益诉讼制度历史悠久,在发展历史上要早于检察制度。公益诉讼是普通共同诉讼,是实现请求权的诉讼,而不是确认某种法律关系是否存在,也不是变更或终止某种法律关系。公益诉讼的目的具有公益性,这也是其区别于一般民事或行政诉讼的本质特征。检察机关被赋予了公益诉讼权能,因而公益诉讼业务也应当成为检察机关的一项独立业务,检察机关的公益诉讼活动应由专门人员承担,文章从公益诉讼与司法改革的两个角度出发,浅谈公益诉讼办案队伍的构建。
The public interest litigation system has a long history and has a history earlier than the procuratorial system. Public interest litigation is a common lawsuit, a litigation that realizes the right of claim, instead of confirming the existence of certain legal relationship and not changing or terminating some legal relationship. The purpose of public interest litigation is public welfare, which is also the essential feature that distinguishes it from the common civil or administrative litigation. Procuratorial organs have been given the power of public interest litigation. Therefore, the public interest litigation business should also become an independent business of procuratorial organs. The public welfare litigation activities of procuratorial organs should be undertaken by specialized personnel. From the perspectives of public interest litigation and judicial reform, On the Construction of Public Interest Litigation Cases.