The International Comparative Study Of Public Interest Litigation

According to traditional law theories,it's the nation's duty to maintain public interest,and the behaviors that place public interest in danger,theoretically speaking, should be investigated and affixed responsibility by the nation adopting proper public right and the citizen itself has no right or need to get involved;the court is seen as an institution providing relief to private interest contradiction instead of public interest. The system of litigation based accordingly on the traditional theories is established to handle all issues that are of private interest and the citizen itself can defend its interest legally through the court;while the citizen has no direct relation with public interest and therefore,the court does not accept individual citizens as plaintiff.In this sense, the court closes its door to the individual citizens,who try to defend the public interest that has been damaged or is insecure against damage.Facts prove that when human enter the modern society in which social activities tend complicated and interest relations tend pluralistic,the nation as an only subject cannot meet the various demands of public interest.The system of public interest litigation is the system that meets the demands and makes a breakthrough,and is in use in other countries' legislation and practices.Public interest litigation is by definition the litigation in which the citizen or organization that is not directly interested,by authority of law,brings a lawsuit against any behavior that infringes upon national interest or public interest and the court investigates and affixes the responsibility.Public interest litigation system is the code of conduct by which any organization or individual person,by authority of law,brings a lawsuit against any behavior that violates laws or infringe upon national interest or public interest to the court which investigates and affixes the responsibility.With the improvement of China's legal system and citizens' legal awareness,the amount of the lawsuits that are of public interest litigation displays rising tendency.Public interest litigation system as an important litigation system to public common interest is attached much importance by more and more individuals.Although wide-ranging studies on public interest litigation have been undertaken by the law theory circle,in China's judicial practice,the only specification in the current three major laws of litigation on public interest litigation is that against criminal behaviors that infringe upon national interest and public interest,procuratorates are authorized to bring lawsuits to the courts.There is no other statement on public interest litigation than that,so there is no way to investigate and affix responsibility to the behaviors that infringe public interest.This thesis makes an introduction on the concept,features and other countries' practice of public interest litigation system,and in view of the existing situation of public interest litigation in China and considering the national conditions,this thesis delves into how to construct China's public interest litigation system touching the scope of the subject,jurisdiction and judicial level,type of lawsuit,mode of bringing a lawsuit,placing a case on file and investigation,and trial.It mainly discusses the extension of the scope of the subject,making a breakthrough in the subject qualification of'direct interested person' as adopted in China's current Civil Procedure Law and Administrative Procedure Law.The subject that has the right to bring a public interest lawsuit shall not be limited to direct interested person.Rights to bring a public interest lawsuit shall be given to all organizations or individuals who are aware that national interest or public interest is infringed upon,or shall be given to a majority of individuals who are not specific and whose interest is infringed upon. The author holds that the scope of subject of civil public interest litigation is comprised of procuratorates,social organizations that are of specific social functions and citizens.This paper also discusses relevant litigation procedures in the trial of public interest lawsuits,for instance,collegial system being applicable,conciliation being not applicable,and limitation of action,sharing of the burden of proof,and effectiveness of judgment,and so on.To sum up,public interest litigation as an effective legislative relief has been verified by many countries' practices.Seen from the international trend of development or in view of China's existing situation and trend of future development, public interest litigation boasts a bright future of wide-ranging application.Efforts shall be made,in view of existing situation,to draw references from the public interest litigation of other countries by absorbing the essence and combining the realities,with an active and prudent attitude to promote the development of public interest litigation,so that the public interest litigation system will be an effective system to protect the national interest and public interest.