Study On Legal Issues About Public Interest Litigation Of Public Facilities

In modern society, along with changes in state functions, it has become an important task for a nation to provide maximum services and care for the people actively. Accordingly, the proportion of payment administration in administrative activities is growing gradually, and public facility is an important object of payment administration. Then ,it is undoubtfully of great theoretical and practical significance to study and explore public interest litigation of public facilities as a mean of protecting public facilities. In this paper, excluding the introduction and the conclusion, the study about public interest litigation of public facilities is divided into seven parts as follows:Part one defines public interest litigation of public facilities.This part starts from the comparison of the related concepts of public facility in other countries and areas, then defines public interest litigation of public facilities, which is the litigation proceeded to the court by specific organs, organizations and individuals for the action of violating public facilities.Part two describes the case range of pubulic interest litigation of public facilities. This part divides the case range according to the related legal subjects of public facility, which includes following several parts: administrative organs violate public facilities as the authority responsible for seting, mangaing and abolishing public facilities; operators violates public facilites; users violate public facilities.Part three discusses the plaintiff qualification of the public inerest litigation of public facilities. In this part, theories about interests of litigation and trust are introduced to break theoretical barriers, and then the plaintiff system of public inerest litigation of public facilities is constructed. In the plaintiff system, the prosecution and administrative organs are dominant, individuals and social groups are secondary.Part four sets up the pre-procedure of public inerest litigation of public facilities. The system designed in this part is adapt to the content of the third part. So, this part sets up double pre-procedures, one is the pre-procedure of pre-action, including Prosecution Review procedure and The Chief Informed procedure; the other one is the pre-procedure of pre-trial, which is also called Hearing procedure of pre-trial.Part five probes into the system of investigation and evidence collection. This part discusses two types of right of investigation and evidence collection: prosecution's right and court's right, the discussion is combined with laws of our country. Part six contructs the system of incentives and constraints. Authough, public interest litigation is an advanced litigation, which has own defect. On the one hand, the complexity of the litigation would hurt people's enthusiasm ;on the other hand, the universality of the litigation would cause the misusage of the action which usually lead to the waste of the legal resource.Therefore, this part contructs mechanism respectively against two defects, including the commitment mechanism for legal costs which is favor of the plaintiff, the mechanism of incentives, the mechanism of action bond and so on.Part seven studies the system of judgments.the significance of this part is to guarantee the actual results of jugments. In reality, courts usually have a heavy burden, the enforcement of judgments offten meets difficulties, so, to contruct the system for the effect and the enforcement of judgments is the key point of this part.