Analysis On Legal Construction Of Interest Litigation

The public welfare lawsuit is refers in order to carries on maintenance to the social public interest, any organization and individual basis law authorization, for violating national interests, the social benefit behavior files the lawsuit, legally processes the judicial activity by the court. At present, in devoting to the socialist economy and government by law construction China, the injury of public welfare and the flaw of public welfare protection becomes day by day the serious social question. This article takes the public welfare judicial protection as a turning point, in our country present legal system is helpful to the public welfare maintenance system carrying on the analysis and the conformity, and in profits from the foreign correlating theory and in the system design foundation, proposed constructing our country the public welfare protection lawsuit mechanism. The author thought that, On the whole, China should establish a system of four yuan public interest litigation system, The right of suit main body should include: Procuratorial agency, social group and citizen individual;Based on the procuratorial organs and public interest groups to their unique nature, status and functions of the public welfare should be given their right to appeal, with their own characteristics and special norms; representative lawsuit system is a public interest in effective means, but the system in operation there idealism, detached from reality and the malpractice litigation response from the application, representative of the options and rights expansion indirect effect of the judgment aspects of expansion of the appropriate transformation; Meanwhile, In modern society, guaranteed the citizen has the opportunity of closing judicial, is citizen's basic rights. Chinese citizen lawsuit missing is not conducive to the public good and to safeguard the democratic rights. Citizen lawsuit should be open, and the establishment of administrative and procuratorial organs of the double front procedures appropriate norms, and improves the system of the third.