论公益诉讼对传统诉讼的挑战

On the Challenges of the Public Interest Litigation to the Tradional

近年来 ,私人为了维护公共利益而提起的诉讼不断增加 ,这被大多数的比较法学者认为是诉讼法今后最主要的发展 ,这也可能给诉讼的形式及特性带来巨大的变化。具体来说 ,在当事人制度、诉权理论和诉的利益理论等方面 ,公益诉讼向传统诉讼提出了挑战 ,为此 。

In recent years, an increasing number of lawsuits have been brought into court by individuals to protect public interest. Most comparative law researchers consider it as the most development of proceding law in the future. This kind of variety may bring about great change in the form and characteristic of litigation. Generally speaking, the public interest litigation has brought up some challenges to the traditional litigation in the quality of litigants , the theory of litigious right and that of litigious benefit. Therefore,we must deal with the relationship beween the public interest litigation and the traditional litigation correctly.