Formulating Civil Public Interest Litigation Of China

Along with the development of the market economy, our country gradually produces a good deal of modern-style disputes, which are actually about national interest, social and public benefits. The traditional theories of civil litigation law hold that only doing the direct interested person qualify the proceedings and can be the litigant. Under the condition of being no the direct interested person or the direct interested person not knowing or not being willing or not daring to take legal proceedings, it will usually appear that no man brings a suit. But these disputes must be resolved and the benefits must be safeguarded, or it will produce extremely harmful influence to the nation and society. Now, the judicial protection system on public welfare generally exists abroad, which is the public interest litigation. The biggest characteristic of the public interest litigation is to protect public interests which is the purpose that the litigant manages to initiate public interest litigation. "The indirect interested person" can take legal proceedings for the sake of safeguarding public welfare with their own names, and become the qualified party. Without doubt, it has broken the traditional litigation theories, extended the scope of the standing and realized the complete and effective protection on public welfare. But it doesn't exist in our legal system, which is not beneficial to the solution of the modern-type disputes and the safeguard of public welfare. Therefore, it has become the initial problem of Chinese academic circles on civil litigation law that how to draw lessons from the abroad and set up our public interest litigation system.