对修改后的《民事诉讼法》中公益诉讼制度的理解

Comprehension about Public Interest Litigation in the Revised Civil Procedural Law

本次修改民事诉讼法建立公益诉讼制度,主要是为了解决以下问题:一是随着环境污染、消费者权益保护等涉及社会公共利益问题日益突出,社会各界呼吁建立公益诉讼制度,而现行《民事诉讼法》第108条对原告主体资格限定为与本案有直接利害关系的公民、法人和其他组织,人民法院受理公益诉讼存在法律障碍;二是部分实体法对原告主体资格作出扩张性规定,如《海洋环境保护法》第90条规定海洋监督管理部门可以代表国家对责任者提起损害赔偿诉讼,但程序法规定的缺失,导致诉讼救济渠道不畅、法律保护不力,且存在着法律之间不够协调等问题。但是,基于我国国情,目前立法不宜走得过急,而应先集中解决制约公益诉讼开展的起诉条件问题,即设定公益诉讼的案件范围和确定提起公益诉讼的主体资格。至于公益诉讼的其他问题,留待以后总结经验后再逐步作出规定。

The installment of a system for public interest litigation during the revision of Civil Procedural Law is aimed at resolving the following two problems. First, a public interest litigation system is becoming generally con- cern of the community. Because problems related to social public interest are increasingly prominent, such as envi- ronmental pollution and infringement on the legitimate rights and interests of consumers. However, Article 108 of valid Civil Procedural Law sets up a requirement on the qualification of a plaintiff, according to which a plaintiff must be an individual, legal person or any other organization that has a direct interest in the case. That is the legal obstacle for people＇s courts to accept cases of public interest litigation. Second, there are some substantial laws ex- panding the above qualification of plaintiff. Take the example of Article 90 of the marine environment protection law, which allows the compensation demand procedural law, there Nevertheless, legislati department in charge of marine environment supervision and administration to put forward to those held responsible for the damages. However, without relative provisions stipulated in will be inconsistent between laws, no effective legal protection, and no clear relief channels. on shall not go far based on the realities of our country. It is a priority to resolve the require- ments for commencing a public interest action, namely, defining the plaintiff public interest litigation. As far as other problems of public interest litigation step by step after there is more experience. qualification and caseload scope of are concerned, they shall be solved