公益诉讼界定的困境和出路

发布时间：2019-03-03 08:25

【摘要】：作为近年来法学界的研究热点,公益诉讼的研究领域横跨诉讼法、民商法、经济法、行政法、环境法等诸多学科。基于学术研究的需要,学者们习惯于从个人的特定视角来界定公益诉讼,并以此为基础展开研究。尽管各起炉灶、互不干涉的研究方式使得对公益诉讼的研究百花齐放,但也因此导致了对公益诉讼界定的混乱。民事诉讼法修正案新增了公益诉讼条款后,考虑到司法者在个案裁判时对该条款的适用,对公益诉讼进行准确界定已成为现实且急迫的需要。基于公共利益的不确定性,应当结合立法和司法、正向和反向等多种方法解释公共利益,并在此基础上准确界定公益诉讼。
[Abstract]:As a research hotspot in recent years, the research field of public interest litigation spans many disciplines, such as procedural law, civil and commercial law, economic law, administrative law, environmental law and so on. According to the need of academic research, scholars are used to define public interest litigation from the specific perspective of individuals, and carry out research based on it. Although various stoves and non-interference research methods make the study of public interest litigation blooming, but it also leads to the confusion of the definition of public interest litigation. After the amendment of civil procedure law adds the clause of public interest litigation, considering the application of this clause when the judicial judge decides the case, the accurate definition of public interest litigation has become a realistic and urgent need. Based on the uncertainty of public interest, the public interest should be interpreted by many methods, such as legislation and judicature, positive and reverse, and on this basis, the public interest litigation should be defined accurately.
【作者单位】：集美大学;
【分类号】：D925

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