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起源于罗马法的公益诉讼于上世纪末在我国崭露头角。近年来,有关公益诉讼的案件层出不穷,学术界的探讨也进行得如火如荼。但是,大量的公益性案件屡诉屡败。如何合理并有效保护社会公益引起了人们的广泛关注,与此同时,建立切实可行的公益诉讼制度迫在眉睫。本文在分析我国公益诉讼困境的基础上,对公益诉讼制度的构建提出了几点建议。
Public interest litigation originated from Roman law came to prominence in our country at the end of the last century. In recent years, cases concerning public interest litigation have emerged one after another, and academic discussions have also proceeded in full swing. However, a large number of commonweal cases repeated defeat. How to reasonable and effective protection of social welfare has aroused widespread concern, at the same time, the establishment of a practical system of public interest litigation is imminent. Based on the analysis of the plight of public interest litigation in our country, this paper puts forward some suggestions on the construction of public interest litigation system.