论我国公益诉讼立法的三大难题

On the Three Major Problems in Legislation of Public Interest Litigation in China

自2012年被以专门条款形式写入民事诉讼法始,我国公益诉讼制度开始踟蹰前行,直到检察机关全面介入公益诉讼并发挥起主导作用,公益诉讼才蓬勃发展起来,不仅将范围拓展到14个领域,而且年办案量已近20万件。当前,制度供给不足已成为制约公益诉讼向纵深推进的最大障碍,因此为其单独立法被提上了议事日程。尽管共识颇多,但犹有立法的路径、名实、平衡三大难题亟待解决。

Since it was written into the Civil Procedure Law in 2012 in the form of special provisions,China’s public interest litigation system has been moving forward hesitantly.It was not until the procuratorial organs fully intervened in public interest litigation and took the leading role that public interest litigation flourished,not only expanding its scope to 14 fields,but also registering nearly 200,000 cases annually.1At present,the lack of institutional supply has become the biggest obstacle to the further development of public interest litigation,so the enactment of separate legislation has been put on the agenda.Despite a widespread consensus,there are still three major problems that need to be solved urgently,namely,the path of legislation,the name and reality,and the balance.