公益诉讼界定之分析

公益诉讼是当前盛行于我国诉讼法学界的热点问题。围绕如何对这一“舶来”制度进行法律移植,使之结合中国的宪政体制和司法实际,在理论设计和制度设计层面,学界作了大量研究并取得丰硕的成果。但对于“公益诉讼”的界定这一基础性问题,学界存在较大分歧,系统研究尚嫌不足。本文以此为着眼点,在考察其语源和归纳分析国内学界几种主要观点的基础上,采取由外而内的逻辑顺序,首先对公益诉讼与私益诉讼、公益诉讼与国家利益诉讼进行辨析,然后从概念内部入手,以目的、主体、体系三个视角对公益诉讼的内涵进行分析,以期得出较为适当的界定。

An Analysis of the Defining of Public Interest Litigation

Public Interest Litigation is currently prevailing in the academic field of procedural law issues.As to how to transplant this ＂imported goods＂ and make it integrated with the constitutional system and judicial practice in China,a large number of academic studies have been conducted,and fruitful results achieved in theoretical and system design.However,to the basic issue of how to define the ＂public interest litigation＂,there remains great difference in academic field,and systematic study are still short of.The present paper intends to carry out a study by focusing on this issue.With a review of the etymology of public interest litigation and of several main viewpoints at home and abroad,the writer started from outside to inside in a logical way by comparing and analyzing the public interest litigation,personal interest litigation,and national interest litigation.Then the writer moved outward from the internal concept by analyzing the connotation of public interest litigation in three aspects： purpose,eligible plaintiff,and system,with the purpose of producing an appropriate definition.