A Comparative Study Of Public Interest Litigation

Public interest litigation is named from Rome Law,it is a litigation that the citizen,the party and the government suit for the country benefit,social public benefit and aggregate benefit of unspecific majority. Why we call public interest litigation as new litigation,one reason is that we have not set any system about public interest litigation in our civil procedure act and administrative procedure act;another reason is that the history of public interest litigation is only morn than one hundred years which make it lookslike a juvenility in the field of action law. For it is new,it must has more theory space and practice worth to study,so I choice it as my subject of master 's degree. Moreover,for it is new,it is much difficult for me who is less knowledge in procedure law to hold it'sessence and panorama exactly and thoroughly. Utmost efforts I have tried can hardly exclude errors those are to be corrected by my mentor. This article describe the develop track and status of modern public interest litigation in difference legal family with comparative way. According to that,I have some summarizes as follow:the basic character of public interest litigation include commonweal motive,aggregate and colony action manner,relax prosecute condition,etc. the background of bring contain two sides:with the developing of economy,new types of benefit dissension which old action can not solve bring about;with the developing of democracy,citizens require rights which belongs to themselves before regress. A series of new acts and progress:concealing the limit of standing,reforming the action fee and layer fee,advocating diversification of dissension solve,enhancing law aid for the poor ,whose help to develop public interest litigation has adopted by many countries all over the world. Basis on those summarizes,the article focus on the questions of Chinese public interest litigation,the error idea that pays more attention to administration legislation and execution,but ignores the judicature faction make the basic system of public interest litigation lack badly,not only court but also attorney and citizen have no way to suit by law. So it is necessary to build up our system of public interest litigation. This article do some particular discusses on three sides. First,how to encourage individual to suit for commonweal,Do they need some necessary limit? Second,if attorney can suit as a delegate,what action right can they have? Third,how to reform the procedure to qualify with require of public interest litigation? Do class actions,convert quote duty,set up discovery and separate conciliation from trial,etc.I would like to take this occasion to extend my sincere and genuine to Mr. Zuo weimin whose support is indispensable for the writing of this article. Meanwhile I should also thank all the teachers of Shi Chuan University Law Institute because their edifies and helps.