我国公益诉讼困境分析

On the Dilemma of Public Interest Litigation in China

我国公益诉讼的困境是由多种原因造成的,既有制度设计缺陷的因素,也有法院审判能力欠缺以及公益诉讼理念与传统民事诉讼理念的冲突等因素。公益诉讼面临诸多困境,但我国社会的发展又急需确立公益诉讼制度,解决现实中的矛盾和冲突,使受损的公共利益和公共秩序得以恢复,使违法者停止侵害。为此,我们必须寻求有效途径,走出公益诉讼的困境。

The dilemma of public interest litigation in China is caused by a variety of reasons,including the defects of the institutional design,the lack of judgment capability of the court and the conflict between the concepts of public interest litigation and traditional civil litigation.Although public interest litigation is facing many difficulties,the development of our society is badly in need of establishing a public interest litigation system to solve the contradiction and conflict in reality,to restore the public interests and the public order and to stop the infringement of the offenders.Therefore,we must seek an efficient solution to the dilemma of public interest litigation.