A Study Of The Civil Litigation System For Public Interest

Recently, the Public Interest Litigation has been a new social and legal phenomenon which raised the wide concerns of the field and the practical departments. This essay focuses on building a dualistic Litigation System for Public Interest; that is, protecting the public interest through Civil Public Interest Litigation and Administrative Public Interest Litigation. On this basis it has made an extensive and systematic research on the relative questions of the Civil Public Interest Litigation.The Civil Public Interest Litigation is judicial activities by the court, which is that any organization or individual authorized litigation by the law in order to protect the public interest. There are no legal regulations on the Civil Public Interest Litigation in our present civil litigation system, this lack of which made much public interest unprotected. So it's an urgent to set up the Civil Public Interest Litigation System. With the basic theory of the public interest litigation and the legislation and practice of overseas this essay discusses the concept and the traits of the Civil Public Interest Litigation; in addition, it will analyze the necessity and feasibility of the construction and raise some tentative plans.There are three chapters in this essay, instruction, body with five sections, and conclusion.In section one there are the meanings of the public interest, public interest litigation, and civil public interest litigation. Furthermore, it analyzed the differences of the civil public interest litigation and the administrative public interest litigation orientating the civil public litigation in the public litigation rationally which made a preparation for the later specific statements of the Civil Public Interest Litigation.In section two there are the instructions of the regulations and laws about the two big legal systems in several representative nations aiming to find out the experience which can be adopted by our country.In section three there are the introductions of our nation's legislation of Civil Public Litigation and the status of the justice practice.In section four there are the discussions of the necessity and feasibility of the Civil Public Interest Litigation in our nation.In section five there are the specific assumptions about constructing the Civil Public Interest Litigation which is also the center of this essay. Firstly, it established the basic principles of the Civil Public Interest Litigation, and then it defined the main qualifications of the Civil Public Interest Litigation System, the legal scale and the jurisdiction of the court. At last, it made the relevant designs for the special regulations of the Civil Public Interest Litigation.In a word, in the case of the promotion of China's legalization, the establishing of the Civil Public Interest Litigation System is necessary and obligatory.