Preliminary Study On Civil Litigation

Advocating and protecting the public interest is one of the goals by the modern legal system. It is invalid for the traditional civil suit to protect the public interest. How to effectively protect the public interest is seriously thought by us. Civil public interest action is an action that the citizen and the party and the government suit for the country and social benefit that is defined in the civil and economic law. Public interest action is a valid way to protect public interest. In order to make law reflect reality and promote society's progress, We need go on a deep research. I hope that the civil public interest action is established soon in china. In order to cast a brick to attract jade, this article intends to a preliminary research on public interest action.This paper is divided into three parts: introduction, body, conclusion.The introduction mainly outlines the important meaning of protecting the public interest, market economy, democracy and legal system caused the civil public interest action system in the civil procedure act.The body includes four sections and does the careful and deep analyses to the civil public interest system.The first part is about the conception and characteristics of the public interest action and the civil public interest action. Firstly this part introduces the preliminary problem: what is the public interest. The conflict and harmony of the public interest and the private interest is told in this section. Secondly this part introduces the principal topic question-the public interest action and the civil public interest action.The second part introduces the situation of the public action in the foreign country. Firstly this part introduces the situation of the public interest action of Anglo-America system such as America and British. Secondly it introduces the situation of the public interest action of Continental law system. Thirdly the pattern of the public interest action is compared in the two legal families. Finally, the study of foreign public interest action will be of great inspiration to the establishment of public interest action in China.The third section mainly analyzes the basic law theory of the civil public interest action and discusses the intense relationship between the traditional civil action and public interest action and how to alleviate this intension. Firstly the validity of the civil public interest is told from the theory in constitution and the theory of the quality of litigants and the theory of right of prosecution. Finally, this part analyzes the confliction and rational explanation between the civil public interest action and the theory of effect of court decision, and the theory of the procedural justice.The fifth section introduces the prospect of our country's public interest action. Learning foreign experience and caring about our situation, we should create citizen action, civil public prosecution, party action and innovate representative action. This section discusses the scope of the civil public interest action and the expenses of the public interest action and the question of quote duty and other important procedural guarantees of the public interest action.