公共起诉资格的生成

根据起诉资格的私法模式，救济与权利是相互依存的，只有那些自身权利受到威胁（或损害）的人才有资格获得救济。然而，此种旨在维护个人普通法权利的私法模式对于规制型国家中大量出现的制定法利益已不敷其用，从而导致体现这些制定法利益的公共起诉资格模式应运而生。该模式确认起诉资格的标准相继体现为不法侵害标准和“当事人遭受损害”条款标准，并且宽泛的“当事人遭受损害”条款标准导致的违宪争议也随着法兰克弗特法官所创造的“私人检察总长”术语而得以消解。

The Shaping of Public Right Model of Standing to Sue:Taking American Law as the Core Reference

According to a private right model of standing to sue,remedy and right are interdependent.Only those whose own rights are threatened or violated are eligible for remedy.However,such private right model aimed at protecting individual’s rights provided by common law can not be applied to protect statutory interest appeared in large numbers in regulatory state any more.As a result,a public right model of standing that reflects statutory interest has taken shape.In determining the standing to sue,the criterion of this model has manifested itself as the test of "legal wrongs" and the test of clause of the "party aggrieved" in succession.In addition,following the use of the term "private attorney general" advanced by judge Frank,the debate about the unconstitutionality of the broad definition of the test of clause of "party aggrieved" has been gone.