公益诉讼的概念争议导致学理与实践都产生矛盾,其“所指”与“能指”往往混淆。为此,必须正确认识到几个基本理论问题:原告应该扩张为诉的利益者;客观公益因素的存在;跳出部门法及跳出诉讼法看待诉讼;公益诉讼侧重于启动者的公益性目的性。根据知识经济原则、基层化原则以及诉讼目的,公益诉讼的启动先后顺序与启动者的重要性次序并不一致。 The concept of public interest litigation controversy led to conflict between theory and practice, the “refers to” and “sign” is often confused. To this end, we must correctly recognize several basic theoretical issues: the plaintiff should be expanded to the interests of the parties; the existence of objective public interest factors; out of departmental law and out of the litigation law for litigation; public interest litigation focused on the promoter’s public purpose. According to the principle of knowledge economy, the principle of grassroots and the purpose of litigation, the sequence of initiating public interest litigation is not consistent with the order of importance of initiators.