民事公益诉讼诉权的属性及行使

我国民事诉讼法最近一次的修订确立了民事公益诉讼制度.这一制度拓展了人民法院民事诉讼的受案范围,将民事诉讼立法保护的合法权益从私权扩充到了社会公共利益领域,法定的国家机关和有关组织特别是人民检察院被赋予了民事公诉权,有可能成为民事公益诉讼的原告.惟其如此,民事公益诉讼的诉权就不应被当做一种权利,而是具有权力的属性,其中包含了义务,是权利义务的统一体,表现为一种职责.民事公益诉讼诉权的行使也因此必须遵循一些特别的原则.

On the Property and Exercise of Just Claim in Civil Public Interest Litigation

The latest revision of Civil Procedural Law has witnessed the establishment of civil public interest system, which has enlarged the scope of civil accepted litigation of People＇ s Court, expanding legitimate interest protected by legislations of civil procedure from private rights to social public interests. The legal state organs and some organizations concerned especially Peopleg Procuratorate are likely to become plaintiff of civil public interest litigation, entitled with the power of civil public prosecution. Therefore, Just claim of civil public interest litigation should not be regarded as a kind of right, but a unity of right and obligation in form of a kind of duty which has the property of power and also includes obligation. Some special principles must also be followed in the exercise of just claim of civil public interest litigation.