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公益诉讼制度的优越性就在于公益诉讼目的的公益性、诉讼范围的广泛性和诉讼功能的预防性。但是通过分析对比中国法院网公布的公益诉讼案件记录,可以发现公益诉讼主体存在一定错位,公益诉讼维护公益的效果并不明显,且公益诉讼案件数量呈逐年下降趋势。当前我国的诉讼制度性障碍主要是公益诉讼当事人的范围狭窄、受案范围不明确、管辖法院难以确定、诉讼费用分担不合理、激励机制缺乏、举证责任过重以及判决适用规则不恰当。在借鉴国外立法经验的基础上,创新公益诉讼启动程序,将适格当事人范围定位于检察机关、政府有关职能部门、公益性团体和公民个人,进一步明确受案范围,建立起符合公益诉讼特点的管辖制度;创新公益诉讼配套制度,合理分配诉讼费用的承担、建立激励制度、合理分配举证责任,以降低公益诉讼原告的诉讼风险和诉讼成本,提高公益诉讼的热情;创新判决适用机制,对公益诉讼的既判力进行适度扩张,并完善案例指导制度,使公益诉讼裁判成为真正意义上的公益维护手段,提升公益诉讼的公益维护效果。
The superiority of public interest litigation system lies in the commonweal nature of the purpose of public interest litigation, the extensive scope of litigation and the preventive nature of litigation function. However, by analyzing and comparing the records of public interest litigation cases released by the Chinese court website, it can be found that the main body of public interest litigation has a certain dislocation. The public interest litigation has not obvious effect on public welfare and the number of public interest litigation cases has been declining year by year. At present, the main institutional obstacles to litigation in China are the narrow range of parties involved in public interest litigation, the ambiguous scope of the case, the difficulty of determining the jurisdiction of the court, the unreasonable sharing of litigation costs, the lack of incentive mechanism, the excessive burden of proof and the inappropriate application of the judgment. On the basis of drawing on the experience of foreign legislation, this article innovates the launching procedure of public interest litigation, locates the range of eligible parties in the procuratorial organs, relevant government departments, non-profit organizations and individual citizens to further clarify the scope of acceptance and to establish a system that is in line with the features of public interest litigation Jurisdiction system; innovation public interest litigation support system, reasonable allocation of litigation costs, the establishment of incentives, reasonable distribution of the burden of proof, to reduce the public interest litigation plaintiff’s litigation risk and litigation costs, improve the public interest litigation enthusiasm; innovation decision applicable mechanism, The res judicata of litigation should be moderately expanded and the case guidance system should be improved so that public interest litigation adjudication can become a true means of safeguarding public welfare and enhance the public interest safeguarding effect of public interest litigation.