Study On Prosecution Subject System Of Civil Public Interest Litigation

Along with social development, an increasing number of late-model civil disputes have appeared, among which most disputes are of comparatively disperse victims and extensive influences, the old mode of civil action between party whose right is directly infringed can not adapt to needs in new period. While building civil public interest litigation system is an effective way to solve this question, which can not only settle old problems that rightful party is not applicable for public interest litigation, but also can effectively protect social commonality, interest of disqualified majority and national interest, perfect judicial system in our country and improve development of government by law. But in theory of civil public interest litigation, the core is the prosecution subject. This thesis aims to study whether our country should build civil public interest litigation system through analyzing cases with characteristics of civil public interest litigation in current judicial practices in our country, and some treating measures against concrete problems after building relevant system. In the study, deduction, induction and comparison are mainly adopted, besides introduction and conclusion, the main body is divided into 3 parts.The first part is about existing condition analysis, in which the author investigates and studies the civil public litigation in legislative status and judicial status in our country, analyzes its status quo predicament, regards that traditional plaintiff system restrains development of civil litigation, putting forward that civil public litigation system has not been set up in our country at the present stage so that public interest can not be effectively protected, which poses a great hurt to the whole society.The second part is about related theory and legal principle basis. In the first place, the author combs several concepts related to civil public interest litigation and confirms that what public interest is, what public interest litigation is and what civil public interest litigation is, and these concepts are all the bases for us to study civil public litigation. Furthermore, the author points out that clauses with civil public litigation characteristic exist in current constitution and several civil law in our country, lists several theories challenging and impacting traditional civil litigation theory, party system, judgment efficacy etc, which greatly support civil public system and leads us to supplement, develop and perfect traditional civil litigation system.The third part is about framework of public litigation system, which is divided into 2 sections as the writing key point in the whole thesis. In section one, the author analyzes potential prosecution subject of the citizen, social community and procuratorial organ, regards that each citizen (including public interest lawyer) and social community should become the prosecution subject of civil public litigation in our country combined with experiences and related laws of countries with civil public litigation system. But as for procuratorial organ, the author thinks that the procuratorial organ is not suitable for the prosecution subject of civil public litigation in light of orientation of the procuratorial organ and differences between foreign procuratorial system and that in our country. Section two is about related system design of civil public litigation prosecution subject, in which the author conducts statements from aspects of choosing of prosecution mode, confirmation of scope of accepting cases, affiliation of burden of persuasion, limits to disposition of the plaintiff, burden of litigation charge and blockage of abusing litigation etc, attempting to put forward a set of practical and feasible civil public litigation system design suitable for China's actual conditions in hope that these superficial ideas can offer some beneficial help to establishment of civil public litigation system in our country.