Study On The Civil Public Interest Litigation Of China

With the deepening of reform and opening-up and prosperous of market-economy in China, people attach importance to private interest, but public interest that once sacred and can't be infringed upon is corroded day by day and can't get protection effectively. In the society of rule by law and harmony, private interest and public interest should be protected on an equal basis. It is testified by practice of many country that the harm to public interest can't be relieved only by government to tighten up the management. Under this situation, many countries in two genealogy of law have established Public Interest Litigation, including the Civil Public Interest Litigation (CPIL).But in China, on the one hand, infringement of Public Interest are happening with increasing frequency and serious; On the other hand, traditional civil litigation is not beneficial to protect Public Interest. So it has become a hot topic in judicial departments and law-theory circles that whether or not for us to protect Public Interest by litigation.By practice in foreign countries, we know that the CPIL including civil public prosecution and litigation of masses. By analyzing basic thory of the CPIL, and combine with practice of the CPIL in domestic and abroad, the article will expound the basis of theory and reality of establishing the CPIL in China, and put forward that China should establish the CPIL. The CPIL in China should like this: principal part is civil public prosecution of procuratorial organs, litigation of masses is an additional part. Finally, the author will raise specific suggestion.The first part of the dissertation focus on theoretical analysis, expound the practice of the CPIL in China by analyzing three typical cases. Then by analyzing conception, study on the CPIL on different levels. And research on the value of the CPIL in the end.The second part of the dissertation study on system of the CPIL emphatically. By stating and contrasting the history and reality of the CPIL in domestic and abroad, the author reaches a conclusion that China should...