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个人参与公益诉讼是美国公共诉讼制度的一大特色,美国公民参与诉讼制度在环境法领域最为典型和全面。近几年我国的民事公益诉讼制度取得了一定的发展,制定了许多相关立法,但是民事公益诉讼的主体并不包括公民个体。研究美国现行法和司法实践中有关何时公民可以提起公益诉讼,对研究我国的民事公益诉讼制度,以及探讨公民个体是否应当作为适格原告参加公益诉讼都会产生重要启示。
Personal participation in public interest litigation is a major feature of the public litigation system in the United States. The system of civil litigation in the United States is most typical and comprehensive in the field of environmental law. In recent years, China’s civil public interest litigation system has made some progress and formulated many relevant legislation, but the main body of civil public interest litigation does not include individual citizens. To study the current practice of the United States and judicial practice on when citizens can initiate public interest litigation, to study China’s civil litigation system, as well as to explore whether individual citizens should be eligible as the plaintiff to participate in public interest litigation will have important implications.