The Civil Public Interest Action

The civil public interest action as the product of modern civilization is a very young course; though the theory of public interest action has been developed, witch can be traced back to ancient Rome ages. In our country, as the cases of public interest increase continuously, there appear an intense discussion about the public interest action in the academic circles and some beneficial research by actual section. Currently the scholars have reached a consensus to establish the public interest action in China; yet there have been different opinions on which of the concrete system will be meeting, for example, economic public interest action, administrative public interest action, and civil public interest action.The study investigates the development track and present condition in different countries with the analytical method, the history method, the substantial analysis method, etc. and concludes the theoretical and practical foundation to establish the civil public interest action in China; in which the key point is the analysis of the subjects and the procedure.The article structure is as follows:The chapter 1 introduces the concept of the civil public interest action, including two parts, first give a conclusive concept of public interest action and the civil public interest action through defining the public interest, then establish the independent value and meaning of the civil public interest action underlying comparing the civil public interest action with economic public interest action and administrative public interest action currently and clarifying the mutual relation. The chapter 2 establishes the foundation of the civil public interest action, including the theoretical foundation and the practical foundation. Theoretical foundation mainly studies from the proper subject theory, litigation right theory, judge dint theory, harmonious social theory etc., the practical foundation mainly investigates the abroad and the domestic; then discover the significance for the establishment of the civil public interest action in our country.The chapter 3 pays attention to the subject of the civil public interest action, mainly discussing the different procedure brought up by the prosecution organization, the citizen and the social group.The chapter 4 introduces the case scope of the civil public interest action, which includes the state owned property run off case, the environment pollution case, the monopoly case, breach the relative and injure the good vulgar case, and minority community protect case.The chapter 5 concerns the system design of the civil public interest action, mainly expounding elaborate enhance the consciousness of public interest action, litigation expenses, rule system, proof responsibility, encourage and control mechanism etc.