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2012年8月31日通过的《民事诉讼法修正案》增加了有关公益诉讼的规定,正式对公益诉讼予以了认可,公益诉讼由理念变为了立法并开始付诸实践。但其对公益诉讼仅做出了笼统、抽象的规定,公益诉讼制度仍然存在着许多缺陷与不足。在此背景下,本文拟从公益诉讼原告资格、案件范围、诉讼程序、诉讼费用等方面结合国内外有关法律规定对公益诉讼存在的缺陷进行分析并给出完善建议。
On August 31, 2012, the Amendment to the Civil Procedure Law added the provisions on public interest litigation, formally approved the public interest litigation, changed the concept of public interest litigation from legislation to legislation, and put it into practice. However, its public interest litigation only made a general and abstract provisions, the public interest litigation system still has many shortcomings and deficiencies. Against this background, this paper intends to analyze the shortcomings of public interest litigation from the aspects of plaintiff qualification, case scope, litigation procedure, litigation costs and other relevant laws and regulations at home and abroad, and give some suggestions.