中国人民大学法学院教授江伟说,我国公益诉讼的最大障碍就是现行法律限定了当事人的资格,根据《民事诉讼法》第一百零八条规定,原告应是与本案有直接利害关系的人。这意味着,“路见不平、依法相助”式的公益诉讼无法提起。公益诉讼的本质,是为了社会公共利益向国家司法机关提起的诉讼,其目标是以个体的诉讼形式,维护公众利益。因此,提起公益诉讼者,既可以是国家相关,也可以是公民 Jiang Wei, a law professor at Renmin University of China, said that the biggest obstacle to public interest litigation in China is that current laws limit the eligibility of the parties. According to Article 108 of the Civil Procedure Law, the plaintiff should be a person who has a direct interest in the case . This means that public interest litigation of “finding faultless and law-abiding connections” can not be initiated. The essence of public interest litigation is a lawsuit brought to the national judicial organ for the public interest in the society. Its goal is to protect the public interest by individual litigation. Therefore, people who bring public interest litigation can be both state-related and citizens