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民事诉讼法第五十五条规定对污染环境、侵害众多消费者合法权益等损害社会公共利益的行为,法律规定的机关和有关组织可以向人民法院提起诉讼。此规定虽然迈出了将公益诉讼写入民事诉讼法的第一步,取得了历史性突破,但是我国公益诉讼领域依然存在着不少的问题有待解决和完善。从我国公益诉讼的目前情况出发,综合分析我国公益诉讼中所存在的问题及产生的影响,进一步提出完善我国公益诉讼的建议。
Article 55 of the Code of Civil Procedure provides that the organs and relevant organizations required by law may institute legal proceedings in the people’s courts for acts that pollute the environment and infringe on the legitimate rights and interests of consumers and so on, thereby damaging public interests. Although this regulation has taken the first step of writing the public interest litigation into the civil procedural law, it has made historic breakthroughs. However, there are still many problems to be solved and perfected in the field of public interest litigation in our country. Based on the current situation of public interest litigation in our country, this paper comprehensively analyzes the problems existing in the public interest litigation in our country and their influences, and further puts forward the suggestion of perfecting the public interest litigation in our country.