Research On Civil Public Interest Litigation

Civil public interest litigation is a kind of litigious activities raised to the count by special stage organs, social organization or citizens for the activities which break the law or rules and entrench upon the national and social public interests. And the count will take the responsibility to look into the legal obligation. The original of this system can be traced to the ancient Roman time. Modern civil public interest litigation rules appeared behind the industrial revolution, its appearance is a serious challenge to the traditional litigation theory. Nowadays most countries have already established their systems of civil public interest litigation. In China, public interest disputes often happened with the development of the process of government by law. Civil public interest litigation became a hot point which was discussed more and more in recent years. It is an urgent affair to establish our own civil public interest litigation system to stay abreast of the development of our times. But now we have no laws about that and there is only little theoretical investigation. On the basis of the theory achievement by the predecessors, the writer gave a short review of the history of the civil public benefit litigation and discussed its characters and connotation. He also did some research about the mode of some foreign countries and summed up the experience of the civil public benefit litigation of China. And then the writer gave some advice to the construction of our own system. It is expected to contribute to the research of the system of civil public interest litigation.