The Public Interest Litigation Under Modern Judicial Theory

In recent years, the litigations to protect public interests are constantly commenced, but China does not have legislations on public interest litigation up to now. The litigations to protect public interest often failed because of the lack of relevant laws, which results in the loophole in the law system about public interest protection. Protecting public interest has become a consensus, but the problems are as follows: who protect? how to protect? what is the procedure? The approaches of protecting legal interest are diverse. Under the rule of law, the proceedings are considered as a universal and effective manner of protecting legal interest. However, in China's three major proceedings,the function of public interest litigation protection is flawed. So how to arrange the limited judicial resources to form a powerful public protection is worth rethinking and carding.Public interest litigation should be said to pose a severe challenge to the traditional civil proceeding theory, in particular the theory of"the parties"and the theory of"litigation rights". Public interest litigation system is not only an effective means of safeguarding social and public interest, but also a more effective approach to promote"the rule of law"and to construct the society of"the rule of law". It is of far-reaching significance for China's judicial philosophy and the reform of the judicial system. This is the reason for the public interest litigation being a hot topic of judicial theory combined with practicing sector. This paper views that for the protection of public interest to justify the maintenance of social and public order, China should establish the public interest litigation system as soon as possible.Therefore, from the perspective of public civil litigation, this paper analyses of the public interest litigation. It starts with the concept and theoretical basis of the public interest litigation, and makes a brief historical review. On the basis of research of the public interest litigation modes of foreign states, this paper sets out the theoretical foundation and practical basis in the establishment of China's public interest litigation. Through the value analysis, this paper establishes a framework of the public interest litigation in order to contribute to the in-depth study of this system.