论文部分内容阅读
公益诉讼通常是指公民、法人或其他组织对危害社会公共利益的行为提起的诉讼。教育作为一项公益性事业,关系到每一位社会成员的利益和国家的整体利益,特别是当诉讼原告适格理论遭遇现实困境时,公益诉讼显得尤为必要。我国司法实践领域出现的学校和乡政府状告辍学学生家长案例表明教育公益诉讼已经成为现实,是儿童受教育权利司法保障的新进展。应现实的需求,有必要明确提起教育公益诉讼的主体资格、教育公益诉讼的范围、诉讼请求中具有明确的保护国家和社会公共利益的内容、设立诉讼前置程序等,以构建完善的教育公益诉讼制度。
Commonweal litigation usually refers to the citizens, legal persons or other organizations that endanger the public interests of society. As a public welfare undertaking, education is related to the interests of every member of society and the overall interests of the state. Public litigation is especially necessary when the plaintiff’s theory of suit plaintiffs encounter a real predicament. The case of parents and parents who accused of dropping out of school appearing in the field of judicial practice in our country shows that educational public interest litigation has become a reality and a new progress in the judicial guarantee of children ’s right to education. In order to meet the actual needs, it is necessary to clearly raise the qualification of educational public interest litigation, to educate the scope of public interest litigation, to clarify the content of litigation claims that protect the public interests of the country and society, to set up pre-litigation procedures and so on, so as to construct a sound educational public welfare Litigation system.