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检察机关提起公益诉讼倍受社会关注的同时,也面临着法律依据不足、司法资源短缺、震荡三权内在平衡、影响司法公平公正等难题。为此,检察机关一方面应以提起国有资产流失案件诉讼作为公益诉讼的突破口和着力点,另一方面应推动立法机关修改现行相关法律,并最终制定《中华人民共和国公益诉讼法》,使检察机关走出提起公益诉讼的困惑。
Procuratorial organs filed public interest litigation, which attracted much social attention. At the same time, they also faced such problems as lack of legal basis, lack of judicial resources, inherent balance of the three powers of shock and impact on the fairness and justice of the judiciary. To this end, procuratorial organs should, on the one hand, initiate the litigation of state-owned assets wastage cases as a breakthrough point and focal point for public interest litigation; on the other hand, they should urge the legislature to amend the existing relevant laws and finally enact the Public Welfare Procedural Law of the People’s Republic of China so that procurators Organizations out of the public interest litigation puzzles.