| This text is written at the the enlightenment of 《Access To Justice And The Welfare State》 written by Mauro Cappelletti, the famous Italian jurist and 《Rome law》 written by professor Zhou Nan and draw the relevant contents of the theseses of domestic scholars. The whole text includes five parts: the meaning and categories of "public good", the historical origin and development trends of Public goods lawsuitses, the meaning and the feasibility analysing of seting up the civil public good lawsuit system, main subjects about the fact that our country sets up the lawsuit system of Actiones Public goods.Just as the professor Cappelletti said , as the modernized society complicates day by day, the individual behavior is very apt to damage public interests, It has already proved , the harm of this kind of interests can't relieve fundamentally to strengthen management by the government independantly that the various countries practiced. Making traditional showing to putting only one a piece of lawsuit cases between two a piece of specific partieses considering is already not complete. Under this kind of situation, the main countries of where two fundamental laws and principles are have established the lawsuit system of Public goods. Seen from reality of our country, on one hand, social various kinds of infringement that public good suffers are even more frequent and serious;On the other hand, the content of protecting public good in traditional civil action system and modern civil law does not suit , and do not benefit the protection of public good. Preamble while explaining above problems, draw theme content that this text want to expound. The first part of the thesis is to explain mainly the meaning and category of Publicae Populares.Public good is public interests, about which there are the differences of broad sense and narrow sense. The public good of broad sense involves each field of social life, The public good of narrow sense means hygiene, educations, welfares, social securities etc. It satisfies people's survive termses, material lives and common interests for their cultural needs, Its greatest characteristic lies in the specific quality of interests subjects. Technology that this text call means the interestses of all people or a certain stratum enjoy which our country laws protect. According to regulation and different department law, social public goods can divided into criminal public good, administration public good and civil public goods. Seen from this respect, some social public good are crossing and overlapping each other.According to the jurist's argumentation such as Zhou Nan, the public good lawsuit was originated from the law of Rome," as to private benefit lawsuit, A kind of lawsuit on regard protecting public good as purpose, beside the specific stipulation of law, all citizens can mention ". It isobvious , the public good lawsuit has already been of long standing and well established in history, under the modern social condition, The public good lawsuit has been given new meaning and characteristic. Different from the suitable procedure according to the way of the lawsuit, the public good lawsuit can be divided into for civil public good and criminal public good, administration public good. As regards civil public good, it should not merely follow the universal law of civil action, has its some one's own characteristics too. Such as encroaching subjects have the" spreading nature", "group quality" of interests. The plaintiff and infringement consequence do not have direct stake quality , the plaintiffs uncertainty and the defendant's determinacy. It have condition such as submitting to specific government office or organizations what has been prosecuted from coplaintiff,etc. In order to lasting nature that country intervenes, And referee has already sentenced the lawsuit to the expansion quality of strength , lawsuit function preventative, The plaintiff can be rewarded after winning a lawsuit. Criminal suit as far as its essence is concerned a kind of public good la... |
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