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近年来随着我国的环境污染、食品安全、野生动植物保护等社会问题的日益突出,建立和完善公益诉讼制度备受社会各界的关注和学者们的呼吁。建立和完善公益诉讼制度是解决社会性问题的重要手段,而开展公益诉讼,原告资格是首先要解决的问题。当今,各国的公益诉讼立法趋势是不断扩大公益诉讼原告主体资格的范围,而此次《民事诉讼法修正案》仍然将公民个人排除在公益诉讼原告之外,使得许多公益诉讼因资格不合而无法正常启动。个人提起公益诉讼虽然会有滥诉、浪费司法资源等弊端,但从我国公益诉讼的实践来看,赋予公民个人公益诉讼原告资格是大势所趋。本文将从公民作为公益诉讼原告主体的当事人适格、法理学依据、社会客观需求和司法实践等几个方面作简要浅析。
In recent years, with the increasingly prominent social problems such as environmental pollution, food safety and wildlife protection in our country, the establishment and improvement of public interest litigation system has drawn the attention of all walks of life and the scholars’ appeals. The establishment and improvement of public interest litigation system is an important means to solve social problems, and carry out public interest litigation, plaintiff qualification is the first problem to be solved. At present, the trend of public interest litigation legislation in various countries is to continuously expand the scope of the eligibility of plaintiffs for public interest litigation. However, this amendment to the Civil Procedure Law still excludes citizens from the public interest litigation plaintiffs. As a result, many public interest litigation fails to meet the qualification requirements Normal start. Although public prosecutors filed litigation and abuse of judicial resources, there are some drawbacks. However, judging from the practice of public interest litigation in our country, it is the trend of the times to grant plaintiff qualification to individual public interest litigation. This article will make a brief analysis of citizens from several aspects such as the qualification of the plaintiff as the plaintiff, the jurisprudence of jurisprudence, the objective needs of the society and the judicial practice.