经济公益诉讼制度探析

传统诉讼法理论将原告资格限制在申诉人须与本案有直接利害关系。对于社会经济公益,公民被认为不具有直接利害关系,其原告资格不被承认,公民也无法通过司法手段来维护这一公益。经济公益诉讼制度的出现,既是诉讼法对只顾及保护私人利益的狭隘性的突破,也是对传统诉讼法律制度的超越。

A Study on Economic Public-Welfare Lawsuit

The traditional procedures require the complainant to have direct interest in the dispute. When the economic public interest is infringed, the individual citizens are not in direct connection with economic public interest, as a result of which their qualification as the plaintiff is not admitted in legislation. Thus, a citizen may not seek judicial remedy. The introduction of public interest actions system is not only an important breakthrough in the current litigation system, which is partial for protecting individuals' rights, but also an overstepping to the traditional lawsuit system .