论文部分内容阅读
通过对现代公益诉讼产生并勃兴的社会背景的考察,发现公益诉讼是伴随着经济的迅猛发展引致社会巨大变迁的过程中所必然出现的各种利益不平衡而产生的,其核心推动因素是广泛的公民参与,而司法能动主义和律师的公益辩护是其发展的有力保障。这对于我们构建适合我国国情的公益诉讼制度是有益的启示。
Through the investigation of the social background of the emergence and flourishing of modern public interest litigation, it is found that the public interest litigation is caused by various imbalances of interests which inevitably arise in the course of great social changes with the rapid development of economy. The core driving factors are widespread Of citizen participation, while judicial activism and lawyers’ public defense is a strong guarantee for their development. This is a useful enlightenment for us to construct a public interest litigation system that suits our own national conditions.