论我国公益诉讼中“公益”之厘定

On the Definition of Public Interests In Public Interest Litigation in China

尽管公益诉讼由来已久,在我国却仍然是一项较新的法律制度,随着法治建设的推进而逐渐兴起。在此背景下,学界和实务界对诉讼主体、范围、程序等展开积极讨论,但是对其特殊性质之公益性却鲜有论述。要对公益诉讼制度构建有所裨益,首先就要了解何为"公益"以及"公益诉讼",然后才能在此基础上深入研究。故应从公益诉讼中"公益"概念的发展历程入手,了解相关概念,初步厘清当前法律制度中"公益"的内涵。

Despite the long history of public interest litigation, it is still a relatively new legal system in our country, which develops gradually along with the advance of legal construction. Under this background, the academic circles and the practical circles have heated discussions about the subject, the scope, the procedure and so on, except for the special character of ＂public interests＂. We should first understand what is ＂public interests＂ and ＂public interest litigation＂, and then make in-depth study. Therefore, this paper started with the development of ＂public interests＂ in history, introduced relevant concepts, and clarified a preliminary connotation of ＂public interests＂ in the current legal system.