随着2011年新的《民事诉讼法修正案(草案)》对公益诉讼的首次正面回应,对于我国是否应当建立公益诉讼的争论落下帷幕。但该草案过于粗糙,从主体到程序设置均引发了学界新一轮的争议。文章从这些争议的规定展开分析论证,以期能对公益诉讼之正式立法有所裨益。 With the first positive response to public interest litigation in the 2011 Civil Procedure Law Amendment Bill, the debate over whether our country should establish a public interest lawsuit comes to an end. But the draft is too rough, from the main body to the program set off a new round of controversy in the academic community. The article analyzes and argues from the provisions of these disputes in the hope of being able to benefit from the formal legislation of public interest litigation.