Public Good Litigation From The Constitutional Perspective

At present, Public Good Litigation in China is still in the initial period of development. Scholarly research, legislation and judicial practice are exploring forward. The special legal system has not been formed yet. Public Good Litigation System is in the absence of Chinese legislation that there is a direct impact on the development of Public Good Litigation and the protection of public interest. Consequently systematic review of existing research findings and reflection on the main problems are necessary in order to promote the development of theoretical research on Public Good Litigation.As a constitutional state, constructions of any legal system are derived from the constitutional authorization and reflect the fundamental values of political and social practices under the constitutional norms. Public Good Litigation rooted in the diversification of the conflicts of social interest and actual requirement of violation of the public interest. Constitution affirms its legitimacy and legality. Public Good Litigation should embody the constitutional principle and constitutional value of all constitutional activities, and reflect the practical effect of the political and social practices and judicial activities.The paper aims to explore that what is the constitutional value of Public Good Litigation and how to build the Public Good Litigation System. Therefore the paper is based on the analysis of the research status on Public Good Litigation. Speaking from the connotation of Public Good Litigation, the paper introduces the development process of Public Good Litigation under Constitutionalism, argues the constitutional basis and constitutional value of Public Good Litigation, demonstrates the relationship of value expression and value basis between Public Good Litigation and Constitutionalism, and labors the four aspects of constitutional basis and the three aspects of constitutional value in order that why build Public Good Litigation. Finally the author clearly stated that Public Good Litigation should be the way to the realization of an independent legislative in the text and should establish constitutional litigation currently.In this paper, the relation between Constitutionalism and Public Good Litigation makes certain exploration and research. But construction of specific system on Public Good Litigation is not detailed enough. It is need to be perfect in the future.