Research On Civil Public Interest Action

Civil public interest action, as an important judicial procedure of sustaining public interest, has been clarified by the theory and practice in other countries. Recently, it has also been one of hotspots in judicial practices and academic discussions. However, the system has not been established in the civil procedural legislation yet. On the one hand, the fast development of economy is attended by the degradation of the environment, the scarcity of natural resources, the disorder of market competition and the severe loss of national property, which have jeopardized public interest severely. On the other hand, due to the absence of legislations, the litigations on public interest actions brought on by the prosecuting organ, social groups and citizens are often unacceptable or rejected, very few having succeeded. In order to resolve the situation, it is necessary to establish the system of civil public interest action. But it is a tough task to establish the system in our country with the barrier of the traditional procedural theory and the weak legal infrastructure. In this dissertation, I begin with bringing forward the basic theory of public interest action, and discuss the gist of justice and foreign experience on civil public interest action. Then I put forward the construction of the system, in order to contribute to the process of the theoretic research and legislation of civil public interest action in our country.This whole dissertation consists of four parts:The first chapter:the summary of civil public interest action. This chapter is the basic depict of public interest action. Analyzing the meanings of civil public interest action and public interest, I summarize the definition of civil public interest action and analyze the characteristics and value of the system.The second chapter:right to suit on public interest and its reasonable analysis. After introducing the definition of right to suit on public interest, I discuss the right basis, theoretical basis and constitution basis of the existence of right to suit on public interest to find the evidence of justice.The third chapter:a comparative study of civil public interest action. With introducing and compare the model of civil public interest action of the main countries in the two legal families, I provide experiences for establishing civil public interest action in our country.The fourth chapter:the construction of civil public interest action in our country. This is the core of the dissertation. I analyze the pressing need to construct the system in our country and introduce the particular barriers according to our special situations. On this basis, I bring forward the framework and particular rules of civil public interest action. I conceive the model and the rang of the actions, then discuss the particular rules, such as quote duty, the burden of action fee, stimulations for plaintiff and the punitive compensation.