On The Framework Of China's Civil Public Welfare Lawsuit

The Public Welfare Lawsuit (PWL) originates from the Roman Law and has a long history, whereas, the emergence of civil public welfare lawsuit (CPWL) dates back not long ago. The CPWL is the product of the increasing socialization of people抯 production and daily life, 慳s will as the modem civilization, CPWL refers to the certain unit or individual citizen bring charges against those inviolate the civil, economic laws or regulations and bringing about damages to the actors in order to defend the national and social public welfares. Unfortunately, the research of CPWL is still a blank space. This paper tries to sort out the CPWL systematically. It begins with the intonation and features of CPWL, then deals with the current conditions of CPWL in foreign countries and the historic and current conditions of CPWL in China. After that, the author holds that the CPWL exists in each developed countries legal system, among which America is the most perfect; In the light of history, China had its own CPWL. Then, the author argues the foundations of CPWL, namely the theoretic foundations, the factual foundation and the legal foundation, in order to guarantee the smooth development or china抯 economic construction and resolve the new disputes, China should establish its own CPWL. At last, the author puts forward the crude framework for China抯 establishment of CPWL and holds that China should build civil public prosecution on the basis of civil procedural law and other relative regulations of citizen prosecution, which should be defined in the relative civil, commercial and economic entity laws.