Research Of The Public Interest Litigation System

With the increasing of public interest cases year by year in China, public interest litigation become an important problem that social circles extensive regarded. It breaks through the traditional lawsuit idea, leading the worldwide judicial reform movement. Along with people focus on it, we find that the public interest litigation directly related to the protection of rights, the social stability, the judicial functions and so on a series of major issues. In order to broaden the manners of protecting public interest, and supply the gap of legislation, and also for the configuration our judicial resources rationally, and ascending the rights protection status of social disadvantaged groups, it is necessary for us to order the research of public interest litigation theory, and make a reasonable system design.This paper is divided into five parts:Chapter One The summarization of public interest litigation. This section is concern about the basic issue of the public interest litigation system. The first part is an analysis on the meaning, causation and background of public interest litigation, which can help us to get the further research on the system. The second part is from the functional angle to find the capacity of the system, and work out a scientific and logical system design.Chapter Two The foundation of public interest jurisprudence rights. First, Using the way of analysing the public interest, we can find out the logical piont of the public interest legislation system. Second, starting from litigation right to mining the connotation of public litigation, in order to get the theory relying on public welfare lawsuit research, and finally argue how to conform the claim the starting mechanism and operation mechanism of public interest litigation.Chapter Three The foreign typical public interest litigation and the suggestion of our country. This part, I mainly compare the typical countries' public interest litigation in the world, and analyses the advantages and shortcomings of each mode, trying to extract some nutrient witch is good for the development of our country's And providing a foundation for the research and use it for reference, which discuss in the later chapters of the public interest legislation system. Chapter Four The predicament and practical blind-spots of our public interest litigation theory. This section is mainly analyze the public welfare lawsuit in the current situation of our country from the perspective of positivism, and trying to find out the material obstruction of the development of public interest litigation in China, in order to escape the reality plight of our, and to provide ideas for the design of our public interest litigation system and rational disposition of judicial resources. First, by analysis, the conclusion is that the dilemma from new contradictions that produced by the conflict of the original theory system and the new social disputes. Second, Conclusion that our practice have three blind-spots and dilemmas:first, existing laws lack the protecting system of public interest; second, it is difficult for the public interest litigation to enter the legal-gate and ratio of losing is very high; third, the lag of commonweal organization's development hindered the development of public law seriously.Chapter Five The contribution of the public interest litigation. This chapter is mainly about the contribution of the legal program. The first part is a discussion about the essential pattern of public interest litigation, which is for the purpose of shaping a new litigation mode for our country. Second, Frame a legal individual system of the pubulic interest legislation by reasonable use the legal transplant theory. Third, establish a relative progress to protect the relief channel.