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公益诉讼相对于私益诉讼而言,是指与违法行为没有直接利害关系的当事人,为了维护社会公共利益,根据法律的授权,对违法行为提起的诉讼。早在罗马法时期,其程式诉讼就有了公益诉讼和私益诉讼之分。在当时,公益诉讼是指私人对危害社会公共利益的行为提起的诉讼,除法律有特别规定外,凡市民均可提起;私益诉讼则是指私人基于个体利益提起的诉讼,仅特定的人才可提起。公益诉讼不要求起诉主体与案件有直接利害关系,也不要求起诉以维护自身利益为目的。这是公益诉讼与私益诉讼最显著的区别。
Public interest litigation, as opposed to private litigation, refers to the parties that have no direct interest in the illegal act. In order to safeguard public interests, litigations against the illegal act are authorized by law. As early as the Roman law, the procedural lawsuit has been divided into public interest litigation and private litigation. At the time, public interest litigation refers to a private lawsuit filed against an act that endangers the public interests of the society. Unless otherwise specified by law, all citizens may bring a lawsuit. Private lawsuits refer to private lawsuits filed on the basis of individual interests. Only certain people Lift up. Public interest litigation does not require the subject of prosecution has a direct interest in the case, nor does it require the prosecution in order to safeguard their own interests for the purpose. This is the most significant difference between public interest litigation and private litigation.