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李方平诉北京网通,程海诉合肥、北京两地的公安部门,孙勇起诉保监会,公益诉讼接连不断。公益诉讼在国内至今没有明确的定义,但它基本呈现出这样一些特征:涉及多数人的私有权益;相对于涉及的公众总体权益而言,个体诉讼的标的往往微不足道;被告通常是公权部门和大型垄断性企业等强势主体。就这些特征,我们不难理解,公益诉讼为何常以败诉告终,但即使败诉也可以唤起社会的广泛关注
Li Fangping v. Beijing Netcom, Cheng Hai v. Hefei, Beijing public security departments, Sun Yong prosecuted CIRC, public interest litigation one after another. Public interest litigation is still not clearly defined in China so far. However, it basically shows such characteristics as the private rights and interests of the majority people; the subject matter of the individual litigation is often negligible relative to the total public interest involved; and the defendant is usually the public authority and Large monopolies and other strong main body. With these characteristics, it is not hard for us to understand why public interest litigation usually ends in failure, but even losing a lawsuit can arouse widespread public concern