Establishing The Civil Suit Of Public Interest System Of China

The relationship between people,countries, and between people and nature is becoming increasingly close with rapid development of the global economics. The economical development inevitably causes negative effects: some problems concerning social interests, such as environmental pollution, loss of state-owned assets and protection of consumer rights, appear due to over-frequent human activities and excess pursuit for self interests. The public interest can not be protected when it is impaired, because of the lack of legislation in terms of remedy programs, and it thus impairing a personal interest. In modern society,some procedures have been set up for protecting public interests,which plays an important role in solving the civil suit of public interest, although the original purpose of drafting these procedures are not for that. The litigation frame of china has a very big flaw because there is only a representative suit system for protecting public interest. To some extent, the representative suit may solve a problem of public interests,but it far not enough to meet requirements for solving all the public problems. On the other hand, it is a theoretical barrier that "Civil procedure law" determines that certificate of a plaintiff is an important man. In recent years, cases relating to public interest are increasing. But most of them can not be supported by the court because the plaintiff is not suitable. To perfect our country civil public interest law is urgent because more and more civil suit of public interest have been rejected by the court. It is difficult to establish the civil public interest law in our country because it is different from the characteristic of the traditional civil procedure law. The idea of this article is establishing the civil suit of public interest law system in our country.The first chapter is the summarization of civil suit of public interest. Including the concept of the public interest, the concept and the characteristic of the civil suit of public interest.The second chapter analyses the necessity of the civil suit of public interest, and then discusses the possibility and the necessity to establishing the civil suit of public interest law in our country presently.The third chapter is the introduction and comparison of the civil suit of public interest of many other countries, and the four chapter is about the analysis of the representative suit.The prescriptions on the qualifications of plaintiff, the form of suit, the range of suing, and the guarantee of procedure are stated in detail in the fifth chapter.On the qualifications of plaintiff, it is proper to qualify the procuratorates, some given organizations and the natural person on bringing an accusation. Establishing the Germany's organization suit in our country. The case range of the procuratorates mainly includes the drain of state asset, the counter-monopoly and the protection of environment cases. The author also advocated that the lawsuit expense mainly undertakes by the defendant, and the punitive compensation system must be established.I hope this article can afford some suggestions for our civil suit of public interest and the reform of our civil procedure law to strengthen the construction of the socialism democracy.