Establishing Of Civil Public Litigation Of China

In recent years, civil public litigation has become a hot issue。 Many scholars made preliminary explorations on it from different aspects or angles。 The author in this article mainly expounds how to create civil public litigation in China, with the purpose to protect national and public interest, and to safeguard public order。This article briefly introduces the conception and character of the public interest and public litigation , the conception and character of the civil public litigation, the differences between the civil public litigation and the representative action, and the prescription of two legal systems on public litigation where the author makes a comparison among several representative countries。 It analyzes the theory basis, the necessity and feasibility, and puts forward some suggestions about how to create civil public litigation in China。 This article includes four chapters:The first chapter is the outline of the civil public litigation。 The author firstly discusses what the public interest and the public litigation are, puts forward the definition and character of the public interest and public litigation; Then the author discusses the definition and character of the civil public litigation, makes a comparison between the civil public litigation and the representative action, and analyzes the differences between them。The second chapter is the illustration of the theory basis。 The author illustrates the theory basis of creating the civil public litigation from the right safeguarding theory, the litigation benefit theory and the procedural parties theory, so as to create a theoretical basis for our country to found civil public litigation。The third chapter is the prescription of two legal systems on public litigation where the author makes a comparison among several representative countries。 The author introduces the prescription of several representative countries on civil public litigation, and makes a comparison among them, so that it can make an example for our country to create civil...