确立了我国民事公益诉讼制度的《民事诉讼法》第55条因其多义而得以在法治的框架下予以艺术性地宽松解释，从而拓展我国公益保障的空间。宽松解释该条以扩展受案的范围和适格原告的范围，以有效地保障公共利益，这在当前的我国可欲且应当。在剖析我国环境民事公益诉讼实践后，认为后《民事诉讼法》时代的司法者在该领域似乎反倒表现出某种程度的自我设限，失去了前《民事诉讼法》时代勇于探索的激情。因此，建议对该条进行宽松解释，实现立法和司法的巧妙配合，以求“如法所能”。%"Civil Procedure Law"Article 55 establishes public interest litigation. Because of its ambiguity, it can be widely interpreted under the framework of the rule of law. This will expand the scope of public interest protection. The idea is very appropriate in the current. Based on the analysis of environmental public interest litigation in civil practice, we think that after the"Civil Procedure Law" was enacted and implemented, the judiciary seems to self-handicapping and loses the courage to explore the Public Interest Litigation. Therefore, this essay suggests that the article 55 be widely interpreted in order to coordinate legislating with its enforcement ingeniously. The law as it could be.
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