诉讼制度包括私益诉讼和公益诉讼两种类型。公益诉讼又依据破诉对象(客体)的不同,分为民事公益诉讼(或称经济公益诉讼)和行政公益诉讼。前者主要指产品质量权、医疗损害等情形下提起的诉讼,适用民事诉讼法的相关规定;而后者是针对国家公权力机关的行为或不行为提起的诉讼,适用行政诉讼法的相关规定。在我国现行诉讼法中,诉讼的公益保护功能是非常有限的,仅局限在刑事诉讼领域;现行民事诉讼和行政诉讼只能由直接利害关系人提起,均属于私益之诉。如果直接利害关系人不提 Litigation system includes private interest litigation and public interest litigation two types. Public interest litigation is divided into civil public interest litigation (or economic public interest lawsuit) and administrative public interest litigation according to the different object of prosecution (object). The former mainly refers to the lawsuits filed under the circumstances such as product quality rights and medical damages, and the relevant provisions of the Civil Procedure Law. The latter is a lawsuit filed against the actions or omissions of the public authorities of the state, and the relevant provisions of the Administrative Procedure Law are applicable. In China’s current law of procedure, the public welfare protection function of the lawsuit is very limited, and it is limited to the field of criminal procedure. The current civil lawsuit and administrative lawsuit can only be filed by the direct interested parties and belong to the private interest lawsuit. If direct stakeholders do not mention