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传统诉讼法理论在“无利益即无诉权”的原则下,一般认为作为诉权要件的“诉的利益”是法院进行裁判的前提。因此,对于社会经济安全等社会公益,公民被认为不具有直接利害关系,其原告资格不被承认。然而,随着新型纠纷(垄断公害诉讼、环境纠纷、消费者公益诉讼等)的出现,公民便无法通过司法手段来维护这一公益。反垄断公益诉讼制度的出现,既是诉讼法对其自身只顾及保护私人利益的狭隘性突破,也是对传统诉讼法律制度的超越。
Under the principle of “no interest or no right of action”, the traditional theory of procedural law generally considers the “interest of action” as the prerequisite for the court’s adjudication. Therefore, for social welfare and other social welfare, citizens are not considered to have a direct stake, and their plaintiff qualification is not recognized. However, with the advent of new types of disputes (monopoly nuisance litigation, environmental disputes, consumer litigation, etc.), citizens can not defend this common good through judicial means. The emergence of the antitrust public interest litigation system is not only the narrow breakthrough made by the litigation law only to its own protection of private interests, but also the transcendence of the legal system of traditional litigation.