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自《民事诉讼法》第55条颁布以来,我国的公益诉讼制度取得了较大的进步,其后的相关法律法规也相继解决了检察机关、相关行政机关和有关的社会组织在公益诉讼中原告主体资格的问题。但目前我国还没有将公民个人纳入到公益诉讼的原告主体资格中来,这与我国公民在推进社会公益事业的进步的现状上是不相称的,本文拟从我国公民个人参与公益事业现状及公民参与公益诉讼的理论基础问题等方面阐述公民个人纳入公益诉讼原告资格的可能性。
Since the promulgation of Article 55 of the Code of Civil Procedure, the system of public interest litigation in our country has made great progress, and the relevant laws and regulations since then have also solved the procuratorial organs, relevant administrative organs and relevant social organizations in the public interest litigation The main qualifications. However, at present, our country has not incorporated individual citizens into the plaintiff’s qualification of public interest litigation. This is not commensurate with the progress of our country’s citizens in promoting public welfare undertakings. This paper attempts to analyze the present situation of citizens participating in public welfare undertakings and citizens Participation in public interest litigation theory and other aspects of the basic issues such as citizens to enter the public interest litigation plaintiffs the possibility of qualified.