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2011年新修订的《民事诉讼法》中公益诉讼的入法,是我国公益诉讼制度的破冰之旅,在诉讼法立法史上具有里程碑意义。本文旨在通过对我国民事公益诉讼主体发展现状和相关理论的研究,以弥补我国现行民事公益诉讼的不足与缺陷,对公益诉讼主体范围的确定提供相应的立法建议。
The newly amended “Civil Procedural Law” in 2011 introduces the commonweal litigation into law, which is a journey of icebreaking in the public interest litigation system in our country. It has a milestone in the legislative history of litigation law. The purpose of this paper is to study the current situation and related theories of the subject of civil public interest litigation in our country so as to make up for the shortcomings and defects of the existing civil commonweal litigation in our country and to provide corresponding legislative suggestions on the determination of the scope of the public interest litigation.