Judicial Application Of Public Interest Litigation System

Article55of the Civil Procedure Law in2013provides:"The behavior of harming the public interests for polluting the environment, against the legitimate rights and interests of many consumers, offices ordered in law and relevant organizations can bring a lawsuit to the people’s court".This is the first addition in terms of public interest litigation, formally established the legislative status of public interest litigation system in our country, which has an important effect on the public interest cases widely in China.However, the new provisions only order the subject of public interest litigation and the scope of the definition, and provisions are too principle, give a great ambiguity in the judicial operation, which is not conducive to the implementation of specific public interest litigation cases. Based on this, Through the analysis and summary on public interest litigation subject to the terms and the scope of accepting cases, this paper conclude that the "legal offices" include procuratorial organs and administrative authorities, explain the definition of "relevant organizations" in practice, and that the individual is excluded from the scope of the subject has a certain rationality, points out it shall be included in the future. Once the concurrence of litigation subjects appear, relevant organizations should follow the first order. The paper points out that the scientific and inadequate scope prescribed, and suggest that the judicial interpretation in the future should be incorporated into the legal rights case, include loss of state assets case, monopoly, unfair competition cases and violations of vulnerable groups of loss of state owned assets cases.If we want to let the public interest litigation system run well, we need to refine the specification of procedural issues. Paper from the jurisdiction of the court, The allocation of the burden of proof, mediation and conciliation, litigation expenses and Compensation for the ownership and management of gold to put forward the suggestion, hoping to bring some contribution to the public welfare.