公益诉讼的反思与重构

现代福利国家积极追求公益的实现,导致公益诉讼的出现。我国对此概念争议较大:局限于行政诉讼、民事诉讼、经济诉讼、囊括三者以及包括刑事诉讼等更大范围的学说都存在,莫衷一是。实践中,公益诉讼也呈现难局,有必要梳理、反思和重构。公益诉讼不宜从司法机关方面讨论,从启动者方面考虑应具备三个条件:由非官方的个人、法人或其他组织提起(今后主要是社团组织),出于公益目的,向司法机关(包括检察机关和审判机关)寻求司法救济。

Reconsideration and Reconstruction of Public Welfare Lawsuit

The modern welfare state positively pursues the public welfare the realization,causing the appearance of the public welfare lawsuit.In our country the dispute of this concept is big: Limited in the administrative proceedings,the civil action,the economical lawsuit,includes three as well as and so on the wide range theory all exists including the criminal prosecution,unable to agree.In the practice,the public welfare lawsuit also presents the difficult aspect,it is necessary to comb,reconsider and reconstruct.The public welfare lawsuit is not suitably discussed from the judicial organ aspect,Considering from the start aspect,it should meet three requirements: By unofficial individual,the legal person or other organizations will mention(mainly will be from now on mass organization),stemming from the public welfare goal,(including procuratorial organization and judicial organization) will seek the judicial relief.