我国公益诉讼主体之界定——兼论公益诉讼当事人适格之扩张

此次民事诉讼法修改对公益诉讼制度的规定,是对传统的当事人适格理论和制度的重大突破。新民事诉讼法确认非实体利害关系人具有作为公共利益提起民事诉讼的主体资格,但并未明确规定哪些机关和组织可以作为公益诉讼的主体,这有可能增大公益诉讼实际运作的难度。因此,明确公益诉讼启动主体就成为构建并运行该制度亟待解决的问题。诉讼信托的确立是公益诉讼当事人适格之扩张的适当出路之一。

On the Proper Party in Public Interest Litigation

It is the provisions of the public interest litigation system in this amendment of the civil procedure law that break through the traditional theories and systems of proper party in China. The amendment provides clearly that the defined non-entity interested party can be the proper party for public interest litigation, but it does not clearly do the specific authorities and organizations for public interest litigation, which may hinder the judicial practice of public interest litigation. Therefore, the clear and specific proper party for public interest lit- igation should be provided soon. Besides, it is the way to expand the elements of proper party for public interest litigation that is to establish the systems of litigation trust which becomes key work now.