Construction Of Civil Litigation System For Public Interest

Civil litigation for public interest means such an action that a special national organ, relative organization or even an individual who is authorized by law bring a lawsuit against anyone who infringes upon public interest. Construction of civil litigation system for public interest is meaningful for the maintenance of market economy of socialism in China, the protection of victim' s legal rights and the maintenance of judicial authority. Although citizen is invested a lot of power by the current law of public interest, it still lacks effective legal remedies. Therefore it is necessary to establish a civil litigation system for public interest that adapts to the modern legal conception and the development of modern society. In this thesis, with reference to the litigation system of citizen representation in other countries, the writer based on the legal theories of procedure law puts forward some proposals for the construction of civil litigation system for public interest, and hope that such a research could be helpful for judicial practice.The thesis is composed of five chapters that discuss the legal implication of civil litigation for public interest and its characteristics, the basis for the construction of civil litigation system for public interest, the comparative study between different civil litigation systems for public interest as well as the inspiration from the research, and some viewpoints for the construction of civil litigation system for public interest separately.Chapter one illustrates the present state of civil litigation for public interest in China and its problems. Chapter two analyses the legal implication of civil-litigation for publicinterest and its characteristics.Chapter three based on both the value and the theory of civil litigation for public interest expounds the possibility of the construction of civil litigation for public interest.Chapter four makes a comparative study of civil litigation systems for public interest between America, German and Japan etc. Chapter five not only discusses on the mode of construction of civil litigation for public interest in China and analyses the potential problems arising from it, but also put up some suggestion on the arrangement of civil litigation system for public interest in China, such as the limitation of disposition, the emphasis of lawful principle in mediation system and the precedence of administrative jurisdiction. With the development of modern economy in China, the consciousness of right and the consciousness of public interest are getting more and more attention. However the state of lagging of civil litigation system for public interest in China makes it difficult in protecting national and social interest. Therefore it is necessary to establish such a civil litigation system for public interest that accords with the current situation of China to make up the vacancy.