Research On Chinese Civil Public Interest Litigation

Civil public interest litigation can be traced back to ancient Rome, which has been accepted and made into civil public interest litigation system successively by some advanced countries in the world. With the development of economy and the trends towards democracy and rule of law, the disputes in relation to public interest occur frequently in China and the civil public interest litigation is gradually understood by the public and becomes the focus of discussion. However, the public interest damaged can not be relieved and protected since the limitation of the persons in title and the lack of civil public interest litigation proceeding design in the existing laws. Therefore, we should confirm the civil public interest litigation system in law and improve the relief approach on civil rights by modifying the relevant stipulations in the civil litigation law to meet the basic requirement of construction a harmonious society in China.This dissertation is divided into seven chapters:Chapter one is the introductory portion, which brings forward the problem in relation to the public interest disputes which are waiting to settle down in China and makes the delimitation of the research scope.Chapters from two to six are the particular section of the research content. Chapter two illustrates the meaning and characteristics of "civil public interest litigation" after showing several understanding of "public interest" and "public interest litigation". Chapter three gives discussion on the debate on civil litigation of the law circle in China and introduces the theoretical foundation of the civil public interest litigation. Chapter four introduces and compares the lawmaking and practice of civil public interest litigation in foreign countries and summarizes. Chapter five analyzes the status quo of the lawmaking and practice of civil public interest litigation in China and comes out with the conclusion of the necessity of constructing the civil public interest litigation. Chapter six is the key chapter, which discusses the construction of the civil public interest litigation in China from the aspect of the scope of accepting case, qualification of the plaintiff, detail proceeding design, etc. Chapter seven is the part of conclusion. Constructing the public interest litigation system is still to be explored in the future.