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公益诉讼,顾名思义,是相对私益诉讼而言,起源于古罗马。私益诉讼(Actiones Privatae)是指为了保护个人所有权而设定的诉讼,仅特定人才可以提起;公益诉讼(Actiones Pbulicae Populares)是指保护公共利益的诉讼,除法律有特别规定外,凡罗马市民均可以提起。1因此,罗马法中公益诉讼的本质是“原告代表社会集体利益而非个人利益起诉”。公益诉讼虽起源于古罗马,但真正迅速发展还是在资本主义国家。近现代,美国等资本主义国家的经济迅速发展,社会各类问题也日益凸显,尤其是环境资源、消费类等公害问题逐渐受到重视,现代公益诉讼制度应运而生。
Public interest litigation, as the name suggests, is a relatively private lawsuit in terms of origins in ancient Rome. Actiones Privatae is a lawsuit set up to protect individual ownership, which can only be filed by a particular person. Actiones Pbulicae Populares refers to a lawsuit that protects the public interest. Unless otherwise specified by law, Can lift. Therefore, the essence of public interest litigation in Roman law is that “plaintiffs represent social collective interests rather than personal interests.” Although public interest litigation originated in ancient Rome, the real rapid development is still in the capitalist countries. In modern times, capitalist countries such as the United States have witnessed rapid economic growth and various types of social problems have become increasingly prominent. In particular, environmental issues such as environmental resources and consumption have gradually been taken seriously, and modern public interest litigation has emerged.