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公益诉讼发源于古罗马时代,在罗马法中又称之为罚金诉讼(qui tam)或民众诉讼(actions PoPulares)。意大利罗马法学者彼德罗·彭梵得认为:“为维护公共利益而设置的罚金诉讼为民众诉讼,任何市民都有权提起它。”罗马法将诉讼分为了私益诉讼和公益诉讼,所谓私益诉讼是保护个人权益的诉讼,仅特定人才可提起,而公益诉讼是保护社会公共利益的诉讼,凡市民均可提起。随着资本主义工业经济的发展,现代公益诉讼制度逐渐在美国的立法中得到确立和完善。1890年美国国会通过的《谢尔曼法》,1914年的《克莱顿法》,1986年的《反欺骗政府法》第二次修正案,均规定除受害人有权起诉外,检察官可提起衡平诉讼,其他任何个人及组织都可以起诉。
Public interest litigation originated in ancient Rome and in Roman law is also referred to as qui tam or actions PoPulares. The Italian Roman law scholar Petro Porpeng think: “The fine litigation set for the public interest litigation for the public, any citizen has the right to bring it.” "Roman law will litigation is divided into private lawsuits and public interest litigation, The so-called private interest litigation is to protect individual rights and interests of litigation, only a specific person can be filed, and public interest litigation is to protect the public interest litigation, where the public can be brought. With the development of capitalist industrial economy, the modern public interest litigation system has been gradually established and perfected in the legislation of the United States. The Sherman Act passed by the U.S. Congress in 1890, the Clayton Act of 1914, and the Second Amendment to the Government Act on Anti-spoofing in 1986 all stipulated that except for the victim’s right to prosecute, the prosecutor An equity lawsuit can be brought and any other individual or organization can sue.