论民事公益诉讼原告的多元化

保护公益的关键是从立法上确立民事公益诉讼原告的多元化机制。当事人适格理论、诉权理论的发展与完善从民事诉讼理论层次论证了民事公益诉讼原告多元化的正当性 ,而人民主权理论和权力制约理论从法治的高度奠定了其深层法哲学依据。从立法上构建民事公益诉讼原告应立足于程序的正当性而非实体上的直接利害关系

On Pluralism of the Plaintiff in the Civil Suit of the Public Benefit

The key to protect the public benefit is that the system of pluralism of the plaintiff should be set up in the civil legislation. The development and improvement of the theory for the parties and for right of sue have proved that pluralism of the plaintiff of the civil suit of the pubilc benefit is due from the theory of civil procedure. The theory for Sovereign Power of the people and for power controlling power have built the deep foundation of its philosophy of the law from the height of the rule of law. In legislation, to build the plaintiff system of the civil suit of the pubilc benefit should stand on the due process and not direct gains and losses in entity.