公益诉讼概念辨析

公益诉讼的概念争议导致学理与实践都产生矛盾,其“所指”与“能指”往往混淆。为此,必须正确认识到几个基本理论问题:原告应该扩张为诉的利益者;客观公益因素的存在;跳出部门法及跳出诉讼法看待诉讼;公益诉讼侧重于启动者的公益性目的性。根据知识经济原则、基层化原则以及诉讼目的,公益诉讼的启动先后顺序与启动者的重要性次序并不一致。

Discussion on Concepts of Public Interest Litigation

The contradiction of the concept of the public interest litigation causes the contradiction in the theory and the practice,it often confuses that "refers" and "can refer",we must correctly solve several basic problems: The plaintiff should expand for the benefit which sues;The objective public interest factor has existence;we must jump out of family rules and regulations and the procedural law to regard the lawsuit;The public interest litigation stresses on the goal of public interest of the plaintiff.Moreover,according to the knowledge economy principle and the basic unit principle as well as the lawsuit goal,it is inconsistent that the order of the public interest litigation between start and the importance.