论文部分内容阅读
近年来,消费权益侵害、环境污染严重、政府行政行为及其他非法行为严重侵害社会公共利益的现象时有发生,而对这类行为由于无明确合法的诉讼主体,致使公共利益和其他合法权益得不到及时有效的司法救济。鉴于此,一些专家学者提出在我国建立公益诉讼机制,但至今尚未在理论上达成一致看法,也未得到立法、司法上的认可。因此有必要对公益诉讼存在的理论基础和实践需要等问题进行理性思考,并就公益诉讼在我国的建立提出相关设想。
In recent years, consumer rights violations, serious environmental pollution, government administrative acts and other illegal acts have seriously infringed the public interests of the phenomenon of the time, and for such acts because there is no clear and legitimate litigation, resulting in public interest and other legitimate rights and interests of Not timely and effective judicial relief. In view of this, some experts and scholars proposed to establish a public interest litigation mechanism in our country, but so far they have not reached a consensus in theory nor have they received any legislative or judicial approval. Therefore, it is necessary to rationally think about the theoretical basis and practical needs of public interest litigation, and to put forward some tentative suggestions on the establishment of public interest litigation in our country.