On The Construction Of The Civil Public Interest Litigation System In China

Due to lack of the relevant civil public interest litigation in China, there are increasing phenomenons that a large number of public interests are damaged. However, there is no legitimate and effective means of relief. Therefore, this paper intends to research on issues of constructing on civil public interest litigation.The paper consists of introduction, body and conclusion. Introduction generally deals with the social background of public interest litigation as well as the current situation of the study on public interest litigation in China. The purpose of this part is to expound the researcher's writing ideas, and to clarify the need for the establishment of civil public interest litigation system in China. Body includes seven parts. Among them, the first part introduces the evolution of public interest litigation, defines the object of public interest litigation -- the public interest, discusses the concept, characteristics and classification of public interest litigation. The purpose is to enable readers to have a clear understanding about public interest litigation. The second part discusses the concept and characteristics of civil public interest litigation. The third part deals with several typical civil public interest litigation law systems, such as Anglo-American Law System and Continental Civil Law System by introducing them basically and fatherly summarize them in order to supply a reference for the construction of civil litigation system in China. Part four discusses the function of the civil public litigation system to describe advantages of the civil public litigation system itself so that it can lay a theoretical foundation for the construction of China's civil public interest litigation. Part five is based on part four, discusses the nessarity and possibility of constructing the civil public interest litigation in China. Part six and seven, the key part of this paper, is the author's specific concept of constructing the civil public interest litigation system. Part six involves the general issues of the civil public litigation system, including the basic principles, the precondition, the scope of the case, the jurisdiction, the trial organization, evidence of the system, mediation, counterclaim, distribution in favor of the interests and sharing the cost of litigation. Part seven involves, according to the different subjects of proceeding a civil public interest litigation, the following issues: social groups, prosecution, the construction of a citizens'private civil public interest litigation system and a group's civil public interest litigation system. In conclusion, I believe that it is a heavy and a long way to construct a civil public interest litigation system, but it is also an essential way to enhance the rule of law and social democracy progress in China.