On The Public Interest Litigation

It is since the late nineteenth century that the socialized legislative Ideological trend began to be prosperous. Up to now, it becomes more rigorous. Therefore, social public interest tends to be more meaningful. Along with the change from individualism to socialism, the protection of social public interest has been put on agenda. In our nation, because of emphasis of power and political nation and neglect of civil society, the protection of public interest by administrative governance is adopted. In the wake of deepening of construction of Market Economy, the shortage is seen. As the legal saying goes that It is not real right which has no way to remedy. Similarly, the Public interest needs to be guaranteed from procedural system. The public interest is a widely used but very blurred concept. Ethically speaking, the public interest in the view of virtue standard is not above individual interest which can't be broken down and restored. But lies in individual interest, and consists of the individual interest. It is a compound interest. While jurisprudent explains it another way. For example, Bentham said that commonwealth is the most vague word in the angle of moral, consequently ,it is often meaningless. Meanwhile, It can be defined as sum of the interest if each member of the commonwealth though it is not simple addition which just as what Rousseau said that public interest is not merely the sum of individual interest .It is bigger than that .We think that the public interest is the interest which is enjoyed by nation, social common wealth and differentiated member of society .The public interest principle, which originated from social law thought, request individual to sacrifice more actively to do his duty for the public interest .The public interest has characteristics of ambiguity , Socialism and compound.As for the public interest litigation, it can be traced back to ancient Roma , but more attractive in 20th century . Along with the change fromfree captalism to monopoly capitalism, the outburst of socialism, the development of hig-tec ,and the deepening of socialization of product and life of people ,and for protect of interest of nation .social public interest and of social community interest ,the public interest litigation is emphasized . The public interest litigation is the litigation to protect the public interest. According to the nature to solute the dispute and the law which will be used, the public interest litigation can be divided into three kind: the criminal public interest litigation, the civil public interest litigation and the administrative public interest litigation.The public interest litigation is the parallel to the personal interest. The public interest litigation distinguish from the personal interest litigation. It has its own inner qualitative nature .Its aim is to protect the public interest .The public interest litigation is the embodiment of democratism in legal system. As for its main body, the plaintiff is wide and indefintive while the defendant is often the national power body or the influenced body of society or its member. Meanwhile, the plaintiff who institutes the public interest litigation often has nothing to do with the interest of the litigation, moreover, the object the litigation appeals to can be not only the damage which has happened , but the damage which still not exist. Lastly, the dispute point has the social characteristics.The public litigious right, is another important content in the litigation system construction of our nation, which is endowed with the procuratorial organ. Social party and the individual to claim their rights to the adjustment organ when the nation's interest, social public interest or community interest are violated, to gain protection. Firstly, we must understand this concept nonfiguratively, then systematically. It is a medi-right, procedural right. Its one end is connected with the public interest, another with jurisdiction .It restricts and controls jurisdiction. The compound characteristic of the public litigious...