Construction Of Civil Public Interest Litigation System In China From The Perspective Of Comparative Law

On August31last year, after the third instance, the highly anticipated new amendment to the Civil Procedure Law was announced to the public, containing small claims, experts participating and so on. It has taken into account both the social justice and efficiency. Of those clauses, the term that related to the vital interests of the majority of people most is undoubtedly the term about the civil public interest litigation.Since the reform and opening up in the70th in last century, China’s socialist market economic system has made another brilliant achievement, and immediately entered a transition period. During this period, the stakeholders have become more diversified, and the number of conflicts of interest has grown. These, also with the free-rider" psychological and the lack of the exercise of the right, have lead violations of the public interest occur usually in everyday life.If we want to establish a civil public interest litigation system, several major elements including the main restrictions, the scope of the case, the prosecution process should at least be provided expressly in the relevant laws. What are civil public interest litigations? What is the standard of them? We should answer these questions according to both theory and practice. This paper aims to draw the premise of the theory and experience to provide a preliminary solution to the debate of civil public interest litigation. In essence, the author’s point of view is that although the civil public interest litigation is not perfect now, but it is an integral part of litigation to bring changes to society. The challenge we face is through a better understanding of its capabilities and limitations, thereby enhance its effectiveness.In short, if China wants to establish a civil public interest litigation system, she must absorb the lessons of the theory and practice at home and abroad. The experience and lessons above prompt us to effectively think from a strategic height how to establish and improve the supporting systems to coordinate with the conduct of civil public interest litigation.This dissertation consists of introduction, body and conclusion.The introduction states the meaning of choosing this problem, current research situation and soon.The body is divided into four parts: Part One mainly discusses the concept and characteristics of civil public interest litigation.Part Two undertakes comparative study on the worldwide typical civil public interest litigation system, paving the way for the following discussion of the civil public interest litigation system reconstruction in our country.Part Three generalize the defects of the subjects and other topics of civil public interest litigation in our country.Part Four overall introduce the current legislation of our country’s civil public interest litigation system, and analysis the beneficial attempts in judicial practice.The conclusion is to construct scientific and reasonable protection mechanism of public interest litigation with expectation.