目前,公益诉讼成为司法实务界和学术界讨论的重点、热点和难点问题之一。本文以这一问题为基点,主要分析了什么是民事公益诉讼,以及民事公益诉讼的研究存在的问题。并结合相关问题分析了民事公益诉讼目前的现状,包括立法现状和实践状况,并根据问题找出了相应的解决方案,即新的制度构建。包括举证责任的合理分担,移送执行制度,诉讼费用的承担制度,激励模式的选择等。 Currently, public interest litigation has become one of the focuses, hot spots and difficult issues discussed by the judiciary and academic circles. Based on this issue, this article mainly analyzes what is the problem of civil public interest litigation and the research of civil public interest litigation. Combined with related issues, this paper analyzes the present status quo of civil public interest litigation, including the status quo and practice of legislation. According to the problems, it finds out the corresponding solutions, that is, the new system construction. Including the reasonable sharing of burden of proof, the system of transfer and delivery, the system of bearing the costs of litigation, the choice of motivation model and so on.