Analysis On The Problems Of The Litigation Rights For Public Interests

With the continual development of our market economy, the phenomena have been occurred that civil subjects for the sake of profit do harm to the state and social interests in the course of civil activities, such as environmental hazard, drain on state owned assets, market monopolization, unfair completion and so on. The main course to these phenomena is the lack of state interest legal regulations of procedure. In our existing legal system, legal mechanism and legal theory, the common people or other subjects aren't entitled to present the whole society or public interest in suit, courts usually don't accept the case, or defeat suit because of lacking legislative authority even if the court accept it, thus the activities and development of public interest suit have been affected, which has become a practical problem eager to settle. In modern legal state, citizen and social organization are the only real way to defend public interest, they must be entitled the litigious rights for public interest, and the performance of these rights must be defended from the settlement and operation of judicature. We can prevent encroachment on public interest effectively only by depending on citizen and social organization. This article combines and draws lessons from study result of internal and external litigious right and public interest suit, explores the basic intension and characteristic of litigious right and litigious right for public interest, and the fundament of legal theory, constitution, material law, justice for litigious right for public interest, and the performance of conditions, declarant subject range, procedure, abuse and limit. At the same time, for the sake of perfecting the system and defending the realization of litigious right for public interest, the writer suggests that we should set the special procedure for public interest suit on the basis of settlement and operation of judicature, explicit the conditions and subject range, and found some organization for public interest suit, establish defending system of fund and fee, system of reward and punishment to defend the realization of public interest suit, through revising civil procedure law and other laws by legislative procedure.