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公益诉讼,顾名思义是一种为了公共利益而进行的诉讼。公益诉讼的发达程度,反映了一个国家的文明程度。在我国,市场经济的发展和结构转型,使一些现象相继出现,比如:国有资产流失、环境污染、垄断经营下的不正当竞争、侵害消费者权益,等等。这些有损于国家利益、社会公共利益的现象谁来制止?如何惩戒?相对于私益诉讼,谁有资格成为公益诉讼的原告?这样的问题不仅一直困扰着司法界,也一直成为公民提起公益诉讼中无形的“门槛”。“戴着镣铐跳舞”,当公益诉讼凸现法律缺失时,很多公益诉讼案不得不在一个极为尴尬的法律结果下完结。
Public interest litigation, as the name suggests, is a lawsuit conducted in the public interest. The development of public interest litigation, reflecting the degree of civilization of a country. In our country, the development of the market economy and structural transformation have led to some phenomena such as the loss of state assets, environmental pollution, unfair competition under monopoly management, infringement on the rights and interests of consumers, and so on. How to punish these phenomena, which is detrimental to the interests of the state and the public interest in society? Who is eligible to become the plaintiff of public interest litigation in the private interest litigation? This question not only has plagued the judiciary but also has been a public interest litigation Invisible “threshold.” “Dancing in shackles,” when public interest litigation highlights the lack of law, many public interest litigation cases have to end under a very embarrassing legal result.