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最高人民法院先后颁布了环境民事公益诉讼司法解释和消费民事公益诉讼司法解释,在法律中设置了针对性的公益诉讼制度。我国现有公益诉讼制度在起诉主体、举证责任规则、赔偿金设置等方面,较以往的规定有一定的进步,也存在一些不足。完善公益诉讼制度,可以通过预防滥诉、延长公益诉讼时效、增加监管模式、设置公益诉讼专项救济基金、慎用和解调解制度等五个方面着手。
The Supreme People’s Court has promulgated judicial interpretations of environmental civil public interest litigation and judicial interpretation of consumer civil public interest lawsuits and set up targeted public interest litigation systems in the law. The existing system of public interest litigation in our country has some improvements over the previous regulations in the subject of prosecution, the rules of the burden of proof, and the setting of compensation. There are also some shortcomings. Perfecting the system of public interest litigation can start from five aspects: prevention of excessive litigation, prolongation of public interest litigation limitation, increase of supervision mode, establishment of special relief fund for public interest litigation, and careful settlement of conciliation and mediation.