On Establishment Of China's Civil Public Welfare Lawsuit

For the purpose of correcting communal illegal activities and maintaining public order, the Civil Public Welfare Lawsuit (CPWL) had established in many foreign countries, which is a generally accepted by the civil litigation system and well developed. However, the system of protecting public welfare was absent in China's traditional litigation system due to the restricted in capacity of party. First of all this paper will explain the meaning of CPWL. Then will analyze it theoretically and practically. As far as I view, the establishment of CPWL has profound theoretical basis and practical needs. At last I will conceive how to establish such a system. The paper will be composed by four parts:The first chapter is Overview of CPWL. First, defines the meaning of Public Welfare and CPWL etc. In order to well understand of CPWL, this part will compare CPWL with the Administrative Public Welfare Law Suit.Chapter 2 is the Theoretical Basis of China's CPWL. This part will use the basic theory of constitution, jurisprudence and the civil litigation teleology to analyze CPWLChapter 3 is the Comparison of Foreign Legislation on CPWL. This chapter will review legislation of CPWL in the following countries:America, Britain, France, Germany, etc.The fourth part the paper will argue the necessity of establishing CPWL, demonstrating it trough practical ways.The fifth part is the assumption of China's CPWL. The paper will propose the feasible suggestions of establishing China's CPWL.