民事公益诉讼制度源于国外,在我国并未得到立法确认。诉权理论、当事人适格理论以及既判力理论为其提供了理论支撑,现行立法司法实践的发展证明其建立的经济条件、立法条件、意识条件均已具备,应当建立民事公益诉讼制度。 The system of civil public interest litigation originated from abroad and has not been confirmed by legislation in our country. The theory of litigation, the right theory of the parties and the theory of res judicata provide the theoretical support for it. The development of the current legislation and judicial practice proves that the economic conditions, legislative conditions and the conditions of the conditions for the establishment of the legislation are all available and the civil commonweal litigation system should be established.