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现代福利国家积极追求公益的实现,导致公益诉讼的出现。我国对此概念争议较大:局限于行政诉讼、民事诉讼、经济诉讼、囊括三者以及包括刑事诉讼等更大范围的学说都存在,莫衷一是。实践中,公益诉讼也呈现难局,有必要梳理、反思和重构。公益诉讼不宜从司法机关方面讨论,从启动者方面考虑应具备三个条件:由非官方的个人、法人或其他组织提起(今后主要是社团组织),出于公益目的,向司法机关(包括检察机关和审判机关)寻求司法救济。
Modern welfare state actively pursues the realization of public welfare, leading to the emergence of public interest litigation. Our country has a lot of controversies over the concept: there are two kinds of theories that are confined to administrative litigation, civil litigation, economic litigation, enumeration of the three parties and a wider scope including criminal litigation. In practice, public interest litigation also presents an obstacle, and it is necessary to sort out, reconsider and reconstruct. Public interest litigation should not be discussed from the perspective of the judiciary. There are three conditions to consider from the point of view of initiators: unofficial individuals, legal persons or other organizations (mainly mainly social organizations in the future) who, for public interest purposes, apply to the judiciary (including prosecutors Organs and judicial authorities) to seek judicial relief.