我国民事公益诉讼的若干问题研究

Research on Several Issues of China’s Public Interest Litigation

公益诉讼并非"本土概念",而是在上世纪90年代从西方引入我国,尔后在中国经历了一段十分漫长和艰难的实践历程。然而,公益诉讼在市场经济秩序的维护方面、在环境可持续发展的保障方面、在国有资产的保护方面、在公民权利的拓展方面都具有较高的价值潜力。为此,经过漫长的"难产期",我国新民诉法已将公益诉讼制度纳入其中,笔者尝试着从案件受理、诉讼主体、管辖权方面对该制度的具体适用进行了量化和细化,以期对公益诉讼的完善和发展提供些许的帮助。

Public Interest Litigation is not a native concept. After being introduced into China from the west in the 1990s, it underwent a very long and difficult process of practice. Public interest litigation has a high potential value in the maintenance of the market economic order, the safeguarding of sustainable development in environment, the protection of the state-owned assets, and the expansion of civil rights. To this end, after a long and hard "giving birth" period, China’s new Civil Procedure Law has incorporated public interest litigation. This article attempts to quantify and refine the specific application of the system from such aspects as the case accepting, the subject of litigation and jurisdiction to provide some help for the improvement and development of public interest litigation.