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随着我国市场经济的发展,经济结构的转型和社会的变迁,环境污染、不正当竞争和国有资产流失等公益问题渐显突出,对此,我国民事实体法对于公共利益给予了足够的关注,有不少条文涉及到公共利益的保护。然而现行《民事诉讼法》第108条却对民事诉讼原告的资格进行了限制,即“原告是与本案有直接利害关系的公民、法人和其他组织。”这样的规定是对民事公益诉权的限制,与实体法保护公共利益的精神背道而驰。赋予检察机关民事公益诉讼原告资格的呼声越来越高。
With the development of China’s market economy, the transformation of economic structure and social changes, public welfare issues such as environmental pollution, unfair competition and the loss of state assets have become increasingly prominent. In this regard, China’s civil substantive law has paid enough attention to the public interest, There are many articles that deal with the protection of the public interest. However, Article 108 of the existing Code of Civil Procedure has restricted the qualification of the plaintiff in civil litigation, that is, “the plaintiff is a citizen, legal person and other organizations that have a direct interest in the case.” Such a requirement is that the right of civil public interest Of the restrictions, and the substantive law to protect the public interest in the spirit runs counter to. The procuratorial organ procuratorate civil litigation plaintiff qualification is getting louder and louder.