Study On Procedure Of Civil Public Interest Litigation

Civil public interest litigation is a new type of litigation in response to the rapid development of modern industrial civilization and the rapid change of social system,resulting in new disputes against the interests of the majority.The introduction of China's civil public interest litigation system began at the end of the Qing Dynasty.The current civil public interest litigation system was established when the Civil Procedure Law was amended in 2012.Civil public interest litigation in the initial period still faces many difficulties in concept,system,system and reality.Civil public interest litigation has the characteristics of unbalance between two fabrics,aggregation and diffusion of competing interests,etc.The power interventionism,power exploratory doctrine and power progressive doctrine of the court have strong color of power doctrine.In terms of procedural rules,the acceptance,proof and Adjudication Rules of civil public interest litigation are quite different from those of traditional civil litigation.The current civil public interest litigation in China has not yet formed an independent and complete system,which needs to be perfected systematically.The full text consists of six chapters,the main content of which is about 220,000 words.Starting from the generation and predicament of China's civil public interest litigation,we should improve the system of China's civil public interest litigation.The introduction explains the reasons and values of research,research methods and innovations.The first chapter is about the formation and development of civil public interest litigation in China.The emergence of China's civil public interest litigation has many backgrounds,such as economic and social development,the transformation of state governance and development concepts,the awakening of public awareness,theoretical development and institutional reference.Public interest litigation was introduced into China at the end of the Qing Dynasty.It was explored in the early days of the founding of New China.The current civil public interest litigation system was established when the civil procedure law was amended in 2012.Its normative system includes the basic procedural law,the substantive single law and judicial interpretative documents.The legislative system of the unification and integration of civil public interest litigation system in China is highly inclusive,open and forward-looking,and highlights the function of procuratorial organs in public interest litigation.Civil public interest litigation in the initial period is faced with difficulties in concept,system,system and reality,including the lack of social awareness and power of public interest protection,the weak function of public policy formation and rights generation,the lack of an independent and complete public interest litigation system,the limited scope of statutory cases,and the initiation of public interest litigation.The scope of litigation subject is too narrow and unclear,the jurisdiction system can not fully adapt to the law of public interest litigation,the rules of proof need to be perfected,the litigation cost is too high,the attribution of litigation interests is out of order,and there are many basic obstacles in the procuratorial public interest litigation system.The basic understanding of civil public interest litigation needs to grasp the connotation,characteristics,litigation structure,litigation types of public interest litigation.The second chapter is the acceptance rules of civil public interest litigation.The prosecution conditions of civil litigation in our country blend the main contents of the "prosecution elements","litigation elements" and "the case elements" in the countries of continental law system.As the core content of the Acceptance Review of civil public interest litigation,the judgment of public interest is its basic premise and difficulty,including collective public interest and pure public interest.The scope of current civil public interest litigation cases includes the protection of ecological environment and resources,the protection of consumers' rights and interests,and the protection of heroic rights and interests.Civil public interest litigation cases mostly belong to infringement cases,which should be applied to special level jurisdiction and regional jurisdiction system,in which cross-regional centralized jurisdiction is the key issue.The party's eligibility is closely related to the interest theory of litigation.Its theoretical development promotes the expansion of the party's eligibility in public interest litigation.The subject of litigation includes representatives,individuals,groups,administrative organs and procuratorial organs.Litigation claim is closely related to the mode of tort liability and judgment.It can be divided into preventive claim,restorative claim,compensatory claim,comfortable claim and cost claim.Among them,compensatory claim is the focus of research.In addition,the issue of repeated prosecution and the implication of public interest litigation and private interest litigation in the rules of public interest litigation acceptance need to be grasped in detail.There are a series of unique rules in the acceptance of civil public interest litigation,including announcement and notification system,participation in litigation system,support for prosecution system,anti-counterclaim system,behavior preservation system,etc.Chapter three is the proof rules of civil public interest litigation.The burden of proof in civil public interest litigation is different from that in common civil litigation.The plaintiff has the preliminary burden of proof on the fact that the public interest may or is being infringed,and the defendant bears the burden of proof on the fact that the liability is exempted or mitigated,and there is no causality.At present,China's judicial interpretation has established a highly probable standard of proof,but in the Civil Procedure Law,there are still some provisions affected by the objective truth theory.However,there are no specific provisions in our legislation on the standard of proof in civil public interest litigation.The investigation and collection of evidence is a major difficulty in civil public interest litigation.For this reason,besides taking care of the plaintiff in the allocation of burden of proof and the standard of proof,the establishment of special rules for evidence collection in civil public interest litigation is also an important aspect to ensure the substantial balance of procedural obligations,including the system of evidence investigation orders and the issuance of orders by documents.Institutions,administrative organs participating in the evidence collection system,the "amicus curiae" system,the court's power to obtain evidence system,the evidence preservation system,the restriction of self-admission system and so on.Chapter four is the judgment rules of civil public interest litigation.Compared with ordinary civil litigation,civil public interest litigation has limitations on the exercise of rights such as punishment,reconciliation and mediation.The plaintiff of public interest litigation enjoys only nominal interest in the result of litigation,and the real ownership of litigation interest should return to the public.Therefore,the realization,distribution,management and use of litigation interest must be based on the effective protection of social public interest.The existing cost system of civil litigation is adapted to the private interest litigation for the purpose of protecting private rights.Its system conflicts with the special requirements of civil public interest litigation.It is an inevitable requirement for the healthy development of public interest litigation in China to construct a separate cost system of public interest litigation.The special rules of judgment effectiveness of civil public interest litigation are mainly embodied in the expansion of res judicata,reflex effect,pre-judgment effect and execution effect.The fifth chapter is about the perfection of civil public interest litigation procedure in our country.Solving the problem of China is the foothold of this paper.The dilemma of our current civil public interest litigation should be solved from ten aspects,including formulating an independent public interest litigation law,expanding the scope of civil public interest litigation cases in time,expanding the scope of the subject of civil public interest litigation,improving the jurisdiction system of civil public interest litigation and creating new ones.Establish and apply the civil public interest litigation request and judgment method,construct the proof standard of civil public interest litigation,perfect the system of litigation interest ownership,construct a separate system of civil public interest litigation cost,construct the incentive mechanism of civil public interest litigation,and perfect the system of procuratorial civil public interest litigation.