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三鹿毒奶粉事件、国产手机收费陷阱事件、松花江水污染事件等的接连曝光暴露出目前我国公民维权面临的投诉无门、有求无应的窘境,也证明了我国公益诉讼制度缺失所带来的严重后果。然而,我国现有的代表人诉讼制度并不能满足公益诉讼之需要。面对愈发急迫的公益诉讼问题,另觅出路已成为当务之急,而确定公益诉讼之当事人适格恰是重中之重。笔者认为,充分利用我国现有公益性社会团体资源,建立以公益性社会团体为主导、法律援助机构和司法机关为辅助的公益诉讼三方合作机制正是解决我国公益诉讼难题的可行之道。
Sanlu milk powder incident, the domestic mobile phone charges trap incident, Songhua River water pollution incidents and other successive exposures exposed the current complaints of our citizens rights are facing the door, there is no need to dilemma, but also proved that the lack of public interest litigation system brought by China Serious consequences. However, the current representative litigation system in our country can not satisfy the need of public interest litigation. In the face of the increasingly urgent public interest litigation, it is imperative to find another way out, and it is precisely the parties that determine the public interest litigation that is the most important. The author believes that it is a feasible way to make full use of the resources of public welfare organizations in our country, to establish a tripartite cooperation mechanism based on public welfare social groups and assisted by legal aid agencies and judicial organs.