公益诉讼与当事人适格之扩张

在公法私法化和私法公法化不断演进的今天,公共利益的重要性与现实状况的严峻性正被逐步认识,允许公共力量适当介入私法领域已经势在必行,公益诉讼由此应运而生。此时,对作为制度瓶颈的当事人适格予以扩张并赋予其法定效力便显得尤为必要与迫切。将诉的利益作为当事人适格的衡量标准,并以此为基础构建诉讼信托制度,对于完善当事人理论,促进公益诉讼制度的合理化与合法化具有重要作用。

The Public Interest Litigation and Amplifying the Qualification of the Proper Party

Today, along with continuous overlapping of public law and private law, the importance and stern reality of public interests are being recognized, gradually. It is imperative to permit public power to interfere in the area of private law properly. Thus the public interest litigation is introduced. It seems particularly essential and urgent to amplify the qualification of the proper party and give its legal effect, otherwise the litigation might be impaired. In this author's opinion, the criterion for the qualification of a proper party should be set in accordance with his/her interest in the lawsuit and a lawsuit trust system should be established upon such a basis as is conducive to improving the principle of party control and to rationalizing and legalizing the public litigation system.