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2012年修订的《民事诉讼法》增加了有关公益诉讼的相关规定,但在公益诉讼种类和原告主体资格方面涵盖面非常窄。我国法律对于民事公益诉讼的规定类似于古罗马法的诉权体系,从诉的解体的角度看,目前规定的公益诉讼所处的诉的分解阶段是“请求权”与“诉权”、“事实”和“法律规范”尚未完全分离的阶段。这样立法的原因在于建立完整的公益诉讼制度涉及一系列民事诉讼基础理论的调整,而我国目前关于民事公益诉讼的理论和实践准备又尚不充分,因此立法采取了保守态度。但这不妨碍有限的公益诉讼种类发挥其积极的作用,而且诉讼和诉讼法本身又具有创设新实体法和新实体性权利的创造性功能,诉权体系的解体历程说明了这一点。法律体系的规定必须与当下的现实情况相适应,总体来说,《民事诉讼法》关于公益诉讼的规定与我国当前的国情相适应。
The Civil Procedure Law revised in 2012 added relevant provisions on public interest litigation, but it covers very narrowly the types of public interest litigation and eligibility of the plaintiff. The provisions of the law of our country for civil public interest litigation are similar to that of the ancient Roman law. According to the disassembly of the litigation, the current stage of the litigation for public interest litigation is the “request right” and “right of complaint” , “Fact ” and “legal norms ” have not been completely separated from the stage. The reason for such legislation is that the establishment of a complete public interest litigation system involves a series of adjustments in the basic theory of civil litigation. However, the current theoretical and practical preparations for civil commonweal litigation in our country are still inadequate. Therefore, the legislation takes a conservative approach. However, this does not prevent the limited types of public interest litigation from playing its positive role. Moreover, the lawsuit and litigation law itself has the creative function of creating new substantive law and new substantive rights. This is illustrated by the disintegration of the litigation system. The provisions of the legal system must be compatible with the current reality. Generally speaking, the provisions of the Civil Procedure Law on public interest litigation are compatible with the current national conditions in our country.