公益诉讼的局限及其发展的困难——对建立新型经济诉讼的几点思考

公益诉讼对传统起诉资格的扩展,虽然有助于扩大司法救济的范围,但同时也使我们面临着私人原告代表能力有限、纠纷解决成本过高、司法角色转换困难等诸多问题。在无法有效解决这些问题的情况下,建立在公益诉讼模式基础之上的新型经济诉讼难以成为保障经济法有效运行的基本的司法形式。

Research Into the Limitation of the Public Welfare Litigation and the Difficulty in Its Developing

The public welfare litigation expanding the traditional qualification of litigant, which contributes to expanding the scope of judicial redress. In the meantime, we have to confront the questions of limited representative competence of private plaintiff, too high costs of litigation and the difficulties of converting the role of judiciary. We have no available means to resolve the questions at present. Therefore, new-fashioned economic litigation, which is established according to the mode of public interests litigation, is difficult to become the basic judicial form of the economic law.