Construction Of Litigation For Public Interest In China

Litigation for public interest has a very long history and has been regarded by many other modem countries. During ancient Rome Empire time, there had been some litigation for the public interest. Essentially litigation for public interest means this kind of lawsuits which are started by a special national organization, relative organization or even an individual who is authorized against anyone who infringes upon public. And this litigation is more developed in western European countries and the US-British league than in China. Litigation for public interest all over the world has some common characters like commonweal, public, the procedure's dependent, double suing purpose, the limited disposing rights which make it unique but connected with the common law procedure. Another word, some parts of this Litigation are connected and similar to the common law procedure, other parts are different from the common law procedure and they are independent. This is the basic theory reorganization about the Litigation for public interest which is from its history and essence.As the increasing of the cases such as state assets loss, environment polluted, customer rights aggrieved, weakness aggrieved by government, monopoly or limited competitions, the victim need this Litigation for public to protect their legal rights and profits. But in our legal system nowadays, there is no clear Litigation for public, no system about it and just some rules in some law departments. Litigation for public interest can help solve above problems and realize the justice in a larger scale, help the public involve the management of the political affairs, help the citizen protect their democracy rights better and even help construct the harmonious society. So building the Litigation for public interest with Chinese characteristic becomes one of the emphases of completing our legal system, which incarnate the protection for country, society, others' legal rights and profits, also one of the symbols of our legal system civilization and the important document of the constructing the harmonious society. Construction of litigation system for public interest needs absorb some nice theory and practice from the research and foreign legislation, including the request of plaintiff in foreign countries, pattern choice of litigation system for public interest, other protections about procedures and so on. The construction also needs complete the law legislation including department laws and procedure laws, Such as completion of the range of the cases, qualification of the accuser, definitude of D.A.'s status, rights and duties, how to set off the onus probandi, how to afford the legal fares.According to the foreign legislation on Litigation for public interest, I sum up the scholars' opinions on the Litigation for public interest and analysis how to build our Litigation for public interest.Our Litigation for public interest is some kind of suppose now, but it will come true with our and the public's efforts some days.