论民事公益诉讼之公共利益的界定

On the Definition of Public Interest in Civil Public Interest Litigation

2012年,《民事诉讼法》的修订,首次以立法形式确立了民事公益诉讼制度。其中,公共利益是判断民事公益诉讼的核心概念,但现有理论对于公共利益尚未形成一个准确、明晰的界定。因此,明确公共利益的概念成为亟待解决的问题。应该区分其与国家利益与私人利益,通过排除法对此予以明晰。

In 2012, the Civil Procedure Law was revised to establish the civil public interest litigation system for the legislation for the first time. Among them, the public interest is the core concept of judging the civil public interest litigation, but the existing theory has not yet formed an accurate and clear definition of the public interest. Therefore, clarifying the concept of public interest has become an urgent problem to be solved. It should be distinguished from the national interests and the private interests, and it should be made clear through the exclusion law.