论我国建立公益诉讼制度的必要性

Issue On Necessity Of Building Public Interest Suits In China

公益诉讼是指国家机关、法人或公民个人为了维护公共利益分别以国家和个人名义提起的诉讼。在我国现行的诉讼法上,没有规定公益诉讼制度。有学者主张我国不宜建立公益诉讼制度。但笔者从实证、国外经验和理论上全面论证我国建立公益诉讼制度的必要性。

The public interest litigation is a litigation which the organs of nation, corporations and individuals in the name of the nation or themselves to institute the litigation in order to safeguard the public interests. The public interest suits is not regulated in Litigation law of China and had better not been built in China. But the necessity of building public interest suits in China is testified from examples, experiences of foreign country and theory.