Research On Civil Public Interest Litigation Of China

In the reforming course of re-establishing resources distribution's regulations in our country, the degree of interest differentiation is improving, the pursuing of individual interest is getting justified in various fields and levels, which even embodied in the field of Civil Litigation, and our country is paying more attention to the protecting of individual interest. However, in real life, the original sacred and inviolable public benefits are always violated and cannot get effective protection. The real cause rest with that our traditional civil litigation theory requires accusers have direct interested relationships when they take legal proceedings, while public benefits have no one to take legal proceedings due to lack of direct interested person or no one knowing or concerning with that. In China, the phenomenon of public interest violation is getting much more serious, so public benefits campaign emerges as times require and arouses the whole society's general attention. In civil field, the conflict between civil public litigation and our traditional civil litigation theory leads civil public litigation taking a barely survived step in the massive judicial practice of civil litigation but having little effect. In view of the above, the author tries to analyze the real situation of CPBL, to analyze and to argument theoretical basis of CPBL system's establishment in legal point of view, to conceive the frame for the design of the system while using foreign countries' experiences for reference.