About The Construction Of The Lawsui System Of Public Interest

The public interests are the social interests that come down to unspecific majority's safety health property right, etc. Also, public interests are the rights and interests that shared by the social members in common as an organism. The commonweal suit refers to the activities that specific state organs ,relative organizing and individual authorized by law bring an accusation against the lawbreaking activities which infringe national interests, social benefits or other unspecific interests. Therefore, commonweal suit is a judicial relief measure to correct public malpractice, which is becoming more and more mature in America. British Japan and France. Because of the economic difference and cultural shock. commonweal suit still stay in his exploration phase and doesn't get legislative recognition and agreement, yet. In practice, public interests are damaged frequently, but there are no corresponding statute to regulate, so it's difficult to solve these problems by judicial proceedings, commonweal suit is an obvious flaw of our lawsuit system.The author compared main commonweal suit litigation mode of the two legal systems in the world, And borrowed good ideas from them. Further, the author suggested that we could probe into the way to establish the commonweal suit system and put forward a specific project following two guidelines: first, broadening the qualifications of the litigants. Second, enacting corresponding judicial proceedings. The key point on protecting the public interests is to establish a new mechanism legislatively to make the accusers more far-ranging and to authorize stateorgans(including government investigating and. prosecuting apparatus) social organization and individual to bring an action against the offence so as to exerting jurisdiction's function in this gray area and maintain the justice. Accordingly, the society will develop harmoniously which is the way of neoteric civil action go.A lot of assumptions are put forward in the thesis. Commonweal suit goes through a screening process before a defendant faces charges in court and censored by the expert organ of the National People's Congress. The expert organ will screen the necessity and the legality of going to court and then decide to supervise or entrust different social subjects to implead under all kinds of situation.The plaintiff of the commonweal suit is granted to exert some substantive rights in the proceedings such as withdrawing or changing his petition, asking for damages,etc. But there must be a restriction.On the other hand, the defendant can't countercharge, but he can get the compensation paid by the country if he win the lawsuit.It is better to confine the scope of commonweal suit to several aspects as followed: trespassing state property: serious environmental pollution; protecting social puny crowd and impairing consumers' interests because of the monopoly, etc.