摘要
公益诉讼是为了保护公共利益而由法院根据当事人请求进行审判的制度。公共利益是一种介于国家利益和私人利益之间的权利和秩序,因此公益诉讼的原告主要应当是公民和具有保护公共利益职责的社会团体,公益诉讼的进行应当适用非讼法理,进而要求在诉讼中法院有职责查明事实,其判决的既判力也应当具有对世效果。
Public interest litigation is the trial system to protect the public welfare. The public interest is a certain kind of right and order between the national interests and private interests, in which litigation plaintiffs are primarily citizens and public interest community groups. The public welfare lawsuit should apply to principle of non-defendants, and thus the judge should have a duty to ascertain the facts, and the judgment of res judicata should also have effect to all people.
