公益诉讼界定的困境和出路

Difficulty for Defining Public Interest Litigation and Possible Solutions

作为近年来法学界的研究热点,公益诉讼的研究领域横跨诉讼法、民商法、经济法、行政法、环境法等诸多学科。基于学术研究的需要,学者们习惯于从个人的特定视角来界定公益诉讼,并以此为基础展开研究。尽管各起炉灶、互不干涉的研究方式使得对公益诉讼的研究百花齐放,但也因此导致了对公益诉讼界定的混乱。民事诉讼法修正案新增了公益诉讼条款后,考虑到司法者在个案裁判时对该条款的适用,对公益诉讼进行准确界定已成为现实且急迫的需要。基于公共利益的不确定性,应当结合立法和司法、正向和反向等多种方法解释公共利益,并在此基础上准确界定公益诉讼。

The researches concerning public interest litigation are very popular in recent years,and they extend their fields to procedural law,civil and commercial law,economic law,administrative law,environmental law,and other disciplines.Scholars are accustomed to defining public interest litigation from their personal specific perspectives on the basis of their academic researches,and taking this definition as a starting point for their researches.Although different approaches may produce something new and result in more academic freedom,they also lead to the chaos over the definition of public interest litigation.After the clause of public interest litigation is added to the amendment to the civil procedure law of China,it has become an urgent need to accurately define the public interest litigation while considering the judges' application of the provision.Public interest litigation should be interpreted by combining itself with the legislative and the judicial,positive and negative,and other approaches,and a precise definition of public interest litigation should be determined for handling the uncertainty of public interest.