On The System Of Civil Actions For Public Benefits

The civil action for public benefits is a type of actions for public benefits. It is a new social and legal phenomenon that arises in recent years in China. It has aroused wide concern in the academic circles and practical departments. There has been the correlated judicial practice all over the country. However, the theoretical research into it is not thorough. It is lack of concrete regulations in legislation. To research into the system of civil actions for public benefits comprehensively and systematically is beneficial to implement the spirit of rule by law, to strengthen the actionable nature of laws and to bring the function of actions into full play. Meanwhile, it is beneficial to amplify the system of civil actions for public benefits, to maintain the state interests and social and public interests, and to protect the lawful rights and interests of the vulnerable groups and maintain the social justice. Based on the comparative survey of the system of civil actions for public benefits in the Anglo-American legal family and the continental legal family, the author approaches the current situation of the system in China in this thesis. The author makes a key research and analysis on its theoretical basis and the practical grounds and the theoretical challenges to it. It is finally concluded that the system of civil actions for public benefits should be set up in China. The author systematically probes into the establishment of the system from many angles, such as the qualification of the subject of action, the scope of accepting cases and the system of procedural safeguards. In all, the system of civil actions for public benefits is a new system that is different from the traditional action in nature. In China, the correlated systems of foreign countries should be learned from in order to set up the system in China. It should be combined with the national conditions. The thorough and delicate theoretical preparation and practical exploration should be carried out. It is expected that the system of civil actions for public benefits would develop well in China so as to serve the social members in protecting public benefits.