公益诉讼的冷思考

近年来,我国学界要求建立“公益诉讼”的呼声日益高涨,即试图通过对传统起诉资格的拓展,来扩大司法救济的范围。但是,在社会公共利益的边界模糊不清、原告适格及其代表能力有限、诉讼成本过高以及法院和法官角色定位困难等诸多问题无法有效解决的情况下,公益诉讼制度的移植和构建应当理性而审慎。

Thought on Public Welfare Litigation

In recent years,the appeals of the academy to construct the public welfare litigation upswings increase in our country,which attempt to extend the range of judicial remedy by expanding the qualification of accusation of conventional litigation.However,in the condition of confronting to a good many issues,such as the bound of social public interest is blurry,plaintiff standing and whose representative power is restricted,the cost of litigation is too high,and the difficulties of the court and judge to orient their roles,which cannot been conquered,we should be rational and well-advised to the transplant and construction of the public welfare litigation system.