Discussion Of The Legal System Of China's Public Interest Litigation

Public interest litigation is the litigation to protect the public interest. At present our country in this field has legislative gaps, there is no clear legal protection and effective judicial remedies. Lack of public welfare lawsuit legal system resulted in the public interest can not be guaranteed effectively. In recent years, the necessity and possibility of establishment of public litigation has been fully demonstrated by experts and scholars, judicial practice also has carried on the beneficial exploration, however, in practice there are still many problems as institutional mechanisms, management and operation mode, and many other issues. Therefore, to explore how to further perfect public welfare lawsuit legal system which consistent with the public welfare lawsuit features, suitable for China's national conditions appeared extremely important. Aiming at the present situation, this paper discuss the connotation and characteristics and elements of public welfare lawsuit pil's, analysis the legal system of the public welfare lawsuit with foreign content, by analysis public interest litigation law system for comparative, pointed out the defects of current public interest litigation law system in our country. On this basis, is devoted to the exploration constructing perfect public welfare lawsuit legal system which consistent with the public welfare lawsuit features, suitable for China's national conditions in China, so as to establish public litigation system, perfecting and the development most meager strength, better maintain social public interests.This paper mainly points four chapter discusses how to build our perfect public interest litigation law system:The first chapter is the meaning and characteristics of the public welfare lawsuit, mainly analysis from several aspects of the public welfare lawsuit meaning, public interest litigation and characteristic of the elements of the public welfare lawsuit. The second chapter of the legal system of the public welfare lawsuit contents of simple analysis. The third chapter mainly foreign investigation on several more representative countries of Anglo-American and civil law about the public welfare lawsuit legal system of regulation, the same aspects of them are summarized. The fourth chapter analyzes the defects of present existing public interest litigation law system. The fifth chapter discuss how to construct our own China's legal system of the public welfare lawsuit, put forward specific Suggestions from the scope of accepting cases, the plaintiffs qualification, procedural rules and other aspects for constructing public interest litigation law system.