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诉权应当属于公民的基本权利,但规定诉权不意味着实现诉权,这中间,公民会受到多种限制。因此,应在确认公益诉讼当事人弱者地位的基础上,分析其提起诉讼所面临的困境,通过构建惩罚性赔偿制度和检察机关提起公诉制度,解决当事人面临的能力问题和资格问题,从而真正实现保障公益诉讼当事人诉诸司法的权利。
The right of action should belong to the basic rights of citizens, but the provisions of the right of action does not mean that the right to appeal, in the middle, citizens will be subject to a variety of restrictions. Therefore, on the basis of confirming the status of the weak party in public interest litigation, we should analyze the predicament it suits and establish the public prosecutorial system through the system of punitive damages and the procuratorial organs to solve the problem of competence and eligibility faced by the parties so as to realize the real protection The right to resort to justice of parties involved in public interest litigation.