随着社会化大生产的高度发达,各国不同程度地出现了环境污染、滥用垄断优势等新类型纠纷。作为应对新类型纠纷的特殊诉讼形式,公益诉讼正在世界范围内成为席卷发达国家和发展中国家的潮流。20世纪90年代后期以来,我国公益诉讼的研究和实践日趋活跃,媒体的关注也逐渐增多,公益诉讼成为当代中国法治生活的重要现象。然而,虽然理论界和实务界都认为我国公共利益受到侵害的现象十分严重,亟须公益诉讼,但就公益诉讼的性质、范围、主体等重大问题还存在许多争议,特别是未能提出适合我国国情、为决策层及广大民众都能接受的实施方案,造成我国公益诉讼一直处于雷声大、雨点小的尴尬局面。我国建立公益诉讼制度既要借鉴国外的先进经验,也必须充分注意我国的基本国情,特别是我国现行政治体制、司法体制的特点以及我国社会经济发展所处的特殊阶段,既要积极推进,也要谨慎稳妥,并不断在实践中积累经验,逐步完善。以此为出发点,笔者在研究有关公益诉讼理论和我国公益诉讼历程的基础上,针对我国的实际情况,提出了实施公益诉讼的具体方案。 With the highly developed large-scale socialized production, various types of disputes have emerged in different countries, including environmental pollution and the abuse of monopoly advantages. As a special form of litigation to deal with new types of disputes, public interest litigation is becoming a tide of sweeping across developed and developing countries around the world. Since the late 1990s, the research and practice of public interest litigation in our country has become more and more active, and the attention of the media has also gradually increased. Public interest litigation has become an important phenomenon of the rule of law in contemporary China. However, although both the theoretical and practical circles think that the public interest infringed in China is very serious and there is an urgent need for public interest litigation, there are still many disputes on the major issues such as the nature, scope and subject of the public interest litigation. In particular, National conditions, for the decision-making level and the general public can accept the implementation of the program, resulting in public interest litigation in China has been in a big thunder, little rain embarrassing situation. The establishment of public interest litigation system in our country not only draws lessons from advanced foreign experience, but also must pay full attention to our country’s basic national conditions, especially the characteristics of the current political system and judicial system in our country and the special stage of social and economic development in our country. We must be cautious and steady, and continue to accumulate experience in practice, and gradually improve. Taking this as a starting point, on the basis of studying the theory of public interest litigation and the history of public interest litigation in our country, the author puts forward the concrete plan of implementing public interest litigation according to the actual situation in our country.