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近年来,民事公益案件的数量不断增多。由于民事公益诉讼自身有其特殊性,其不单单是涉及当事人双方的个人利益,还涉及到公共利益,因此现行《民事诉讼法》的规定已经不能完全适应公益诉讼案件的审理。文章从现行立法出发查找了私益诉讼中法律关于法院职权的规定和公益诉讼中法律关于法院职权的规定,总结出法律规定的不足之处,认为在民事公益诉讼过程中单纯的当事人主义已经不太适合公益诉讼案件的审理,在公益诉讼中需要以当事人主义为基础,介入更多的法院干预,并对在民事公益诉讼过程中的法院干预的必要性进行了分析。
In recent years, the number of civil public welfare cases has been on the rise. As civil litigation has its own particularity, it not only involves the personal interests of both parties, but also involves the public interest. Therefore, the provisions of the existing Code of Civil Procedure can not fully adapt to the trial of public interest litigation. Starting from the current legislation, the article looks up the provisions on the court’s powers in the private interest litigation and the law’s provisions on the court’s powers in the public interest litigation. It summarizes the inadequacies of the legal provisions, and considers that simple litigantism is not too good in the process of civil public interest litigation Suitable for public interest litigation cases, public interest litigation needs to be based on the parties involved in more court intervention, and the necessity of court intervention in the process of civil public interest litigation were analyzed.