Study On Public Interest Litigation

Marx said, " their own interests would be obtained by maintaining public order, public safety and public interest," The existence of law is a protection of public interest. When some social conflict emerged large numbers, it required appropriate solution, so certain forms of litigation arises. Public interest litigation is one of these litigations.Public interest litigation appeared in Roman law first, real development is in the United States, the nineties of last century. Public interest litigation had been introduced to China. In recent years, Group disputes caused by all kinds of environmental pollution and the protection of consumer rights problems occurred continuously. However, due to these kings of litigation don't accord with traditional litigation mode, it can not be carry on by regular litigation mode, which resulting in serious social problems. Beginning of this century; the news about Public interest litigation was endless, from "3 cents a toilet costs" to "price of Spring Festival railway rise", concept of public interest litigation had been concerned by people more and more.However, traditional theory of civil suit believed that civil litigant should be one to one, but, complex social relationships of real world make the solid litigation status to be instability. It must be admitted that now public interest litigation in the areas of theory research and judicial practice in our country is relatively lagging behind. The embarrassing situations always arise such as lively academic, lawyers, media and cool court. Because our public interest litigation system is not perfect, these public interest cases are always not accepted by the courts.In order to solve the realistic difficult problem of public interest litigation in our country, in this paper the outlines of the public interest litigation development is used as a beginning, and compared with the public interest litigation in various countries with different genealogy of law. Then the paper analyzed the conflict between public interest litigation and traditional litigation, illustrated the particularity of public interest litigation; finally, the author raises some suggestions for the public interest litigation in our country from the topics of whether the taxpayer can public Interest Litigation, the role of the lawyers play in public interest litigation and the prevention and supervision mechanism of the public interest.