论民事公益诉讼的构建

民事公益诉讼已经在民事诉讼法第55条中确立,但是从法律条文的规定来看,其在我国的适用空间依然是非常有限的。立法者审慎的态度不断地告诉我们民事公益诉讼制度可能存在一些问题,而这些问题可能依然是目前理论上和立法技术上难以解决的。通过研究发现,民事公益诉讼制度的确立,需要从原告主体资格、诉讼费用、举证责任等很多问题上作出与现有规定不一致的变革。除此以外,立法者仍然需要认真对待诉权滥用的问题。

On the construction of the civil public interest litigation

Civil public interest litigation has been established in article 55 in the Civil Procedure Law, but from the perspective of legal provisions, the application space in China is still very limited. The prudent attitude of the legislators kept telling us there might be some problems in the civil public interest litigation, which may still be difficult to solve by present theory and legislative techniques. The research shows that the establishment of the civil public interest litigation needs to make changes to existing regulations on many issues from the qualification of plaintiff, the cost of litigation, and the burden of proof. In addition, legislators still need to deal seriously with the problem of abuse of the right to appeal.