Public Service The Right To Appeal The Legal Research

In recent years,there are many cases of violations of the public interest in China. From the first litigation case on public interest in 1996----- Qiu Jiandong appealed Post Office on illegal charges to arsenic contamination case in Yangzong Lake of Yunnan Province in recent years, the public pay more and more attention to the protection of public interest. However, results of these events are not satisfying. Appeal submitted by the plaintiff fails to be fully supported, which is resulted from the legislative vacancy of our country. There are two methods to protect public interest: administrative relief and judicial relief. The protection to public made by our country for long term is concentrated to government and supervision and management of all levels depend upon administrative organs. However, there are many flaws in governmental protection. For instance, government lacks of flexibility and it is difficult for government to find and respond emergent events of violating public interest promptly; ineffective necessary supervision on performance of governmental rights will lead to abuse of management right. While, judicial relief may effectively compensate these flaws of government so that the protection of public interest may be well guarantied. But there are problems that impede smooth implementation of judicial relief. For instance, it is ruled in Article 108 of Civil Procedural Law:"Following conditions shall be satisfied in appeal: (I) The plaintiff shall be citizen, legal person and other organization that have direct interest relation with the case; (II) There is definite respondent; (III) There are specific requests, facts and reasons for appeal."Then, if the parties fail to prove the said requirements, the judge shall reject the appeal according to conception of"judging by law"to traditional civil suits and exclude public interest outside the range of judicial relief. The paper is to apply relevant research methods of jurisprudence upon such problem existing in judicial relief to work out the right resolution.At present, more mature international resolution is to determine the litigation right of public interest and establish litigation system of public interest so as to make such case smoothly enter into judicial procedure and gain legal relief. However, countries of different legal systems issue different measurements on authorizing what subjects to protect litigation and litigation performance. Thus when we introduce litigation right of public interest, we shall not totally copy foreign existed legal systems in legislation. Instead, we shall, based on integrated master of origin, meaning, inscape, components and theory basis of litigation right of public interest, find out where the determination value of the system exist. With such premise we shall work out the conception framework of protection system of litigation right of public interest. To be detailed, the paper starts and carries out discussion upon two aspects such as determination of litigation subject and performance rules of litigation performance. Through such analysis, we hope readers to know better public interest litigation right and offer some tips on problems which shall be paid more attention in public interest litigation right.