Jurisprudence Consider Of Chinese Public Welfare Lawsuit Legislation

Traditional law theories are limited to the qualification and to have a direct stake in the cases .On the public welfare, citizen are not considered to have direct stakes, then their qualifications are not recognized. This, when the public welfare is damaged, citizen can not protect public welfare through legal approaches. The emergence of public interest litigation system, is not only the breakthrough of the parochialism in the protection of their private interests, but also the transcend of the traditional litigation legal system. Today the trend of community-based entanglements is clear. How to solve the public entanglements, to provide strong guarantee in protecting the public welfare, has become a challenge, which can not be avoided.The establishment and development of public lawsuit system must have theoretical foundation; on it will be the castle in the air, which is just the blind area of the researches in public interest litigation, also in the question to resolve earnestly, so this paper devotes to discuss this question. Based on the clear definition of litigation in the public welfare, Start from the representative public welfare lawsuit of Songhua river water pollution, this paper logically analyzes how to eliminate the impediment in the litigation of public welfare, Then it searches the approach: Public interest litigation legislation, which is to solve the entanglements in the public welfare, analyzing the theoretical foundation from four aspects: the origin of the right and value ideas of public interest litigation, the nomocracy principle of public interest litigation and so on. The paper designed and conceived the model of the public welfare lawsuit legislation patter and the conception, put forward some legislation suggests the qualifications, stipulated for legislation range rationally, guaranteed against in discriminate phenomenon, Allocating rationally responsibility of evidence and so on, Making equal individuals organizations, agencies can enjoy the protection of public benefices, the right to initiate public interest litigation, In order to contribute to our country's public interest lawsuit system construction and the protection of public interest.