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我国新民事诉讼法将公益诉讼主体界定为法律规定的机关和有关组织,弥补了我国公益诉讼法律制度的空白。但是由于这条规定的模糊性,使得公益诉讼的主体范围在理论界和实务界仍有很大的争议。文章着重论述了国家机关、社会组织和公民作为公益诉讼主体的理论依据和现实需要,并对各主体的诉权进行初步探讨,力求其在各种冲突的价值间最大限度地实现平衡。
China’s new Civil Procedure Law defines the subject of public interest litigation as the organ and related organizations stipulated by law and makes up for the blank of the legal system of public interest litigation in our country. However, due to the ambiguity of this provision, the scope of the public interest litigation still has a lot of controversies in the theoretical and practical circles. The article focuses on the theoretical basis and realistic needs of state organs, social organizations and citizens as the main body of public interest litigation, as well as a preliminary discussion on the rights of litigation of various subjects so as to strike a balance between the various conflicting values.