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近年来,公共利益受到侵犯的事实越来越突出地摆在人们面前,而我国目前的法律却几乎无力应对这一事实。因此,如何实现公共利益就不得不成为我国学界研究和讨论的重点课题之一,而把公共利益纳入法律的有效保护就成为我国立法亟待解决的问题。本文在对公共利益的内涵界定及公益诉讼的内涵界定、特征分析的基础上,提出了构建我国公益诉讼制度的设想。
In recent years, the fact that the public interest has been violated has become increasingly prominent in the people. However, the current law in our country is almost unable to cope with this fact. Therefore, how to realize the public interest has to become one of the key topics in the academic research and discussion in our country, and the effective protection of the public interest in the law has become an urgent issue to be solved in our country’s legislation. Based on the definition of the connotation of the public interest and the connotation of the public interest litigation and the feature analysis, this article proposes the conception of constructing the public interest litigation system in our country.