Research On Civil Public Interest Litigation

Civil public interest litigation is a kind of along with the development of modern society, and arises at the historic moment of new action form. In order to safeguard the public interests is a civil lawsuit. The earliest public interest litigation in Roman law, modern sense of civil public interest litigation until the middle of the last century to appear in the United States, with the pace of social modernization and gradually influence to other countries and regions in the world. In order to maintain the social and public interests, the rule of law countries and regions to establish and perfect the general accord with its historical background, cultural tradition, social system of civil public interest litigation system. After reform and opening-up, our country also constantly emerging out in order to safeguard the social public interest and the start of civil litigation. China’s civil public interest litigation is already is written into the revised the civil procedure law, but relative to other litigation as still very not perfect. In the public interest protection still in a relatively embarrassing situation. Along with society’s high speed development, our country socialism government by law construction the quickening of the process, civil legal consciousness strengthen, in order to realize through litigation means to our country public interests protection, it is necessary to establish a perfect civil public interest litigation system. The European and American developed country in the maintenance of public interests, and formed a unique action model, through the analysis and compare the similarities and differences, the system for building China’s civil public interest litigation system has a very high reference value.This paper, by means of the theoretical analysis, comparative analysis and other methods expansion argumentation. The full text in the structure and content mainly includes the following six parts:Preface. Civil public interest litigation on the background and significance of the research has a general introduction.The first chapter, the basic theory of civil public interest litigation. This chapter from the two aspects of civil public interest litigation basic problem is discussed:the first part is the overview of civil public interest litigation, civil public interest litigation is briefly introduced the concept and characteristic; The second part analyzes the origin of civil public interest litigation, value. And the civil public interest litigation have clear grasp, for this after the construction of the civil public interest litigation system to do the foreshadowing. The second chapter, Germany, the United States civil public interest litigation system investigation. This chapter explains the key civil public interest litigation in two typical countries law the status. By analyzing and comparing the Germany and the United States to public interest litigation way, method and attitude, and at the same time, with reference to China’s civil public interest litigation, the author obtained enlightenment.In the third chapter, civil public interest litigation in our country the present situation and problem analysis. This chapter, through the analysis of our country civil public interest litigation system present situation, discovered in the legislation, the judicial practice of the existing deficiency, for our country civil public interest litigation the existing problems are analyzed.The fourth chapter, the our country civil public interest litigation system. Based on the above be unearthed the analysis of the problems, the author from the necessity of the construction of civil public interest litigation system are explained in detail, and to our country civil public interest litigation reform and perfect put forward its own proposals. Epilogue, to our country civil public interest litigation foreground outlook.