Public Interest Litigation Research

The conflict between that right suffers to violate while the system of relieve dosen,t exits makes the public-intrested litigation become a focus of legal research. In China , scholars take part in the discussion actively and they got such a consensus basically: China should build up public- intrested litigation system as soon as possible. Some scholars who even claim that outside the three kinds litigations, a kind of new litigation---economic public-intrested litigation should be built up.※ However, as for what mode of public-intrested litigation system should be set up, the opinion is different. The essential standpoint is to claim to build up a public-interested litigation system in our country, then building up such a public-interested litigation system with two brancheses of administrative public-interested litigation and civil case public-interested litigation respectively according to the current legal system of China. Besides the preface and the conclusion, this text is total divided into four chapters. Chapter 1 outline the public-interested litigation, mainly state the public-interested litigation theories generally and through the comparision of public-interested litigation with the general community litigations( including American group litigation, unit litigation in Franch and German and representative litigation in China), make a strict definition to the public-interested litigation. Chapter 2 introduce the present condition of public-interested litigation in China and check the reasonableness of the public-interested litigation brought by the judictionary and put forward such a standpoint: under such an objective condition that without existing public- interested litigation and the legal system imperfection, public-interestred litigation brought up by the judictionary is and only should be expedient to account and should not be considered as the first choice. Chapter 3 discusses the existent law obstacles to set up public-interested litigation of civil case in China, mainly including the conflicts between the public-interested litigation and the traditional litigant right theories, challenges of parties theories from the public-interested litigation to the traditional direct concerned parties theories and shock from the public-interested litigation of verdicts theories to the theories of tradictional verdicts. Chapter 4 state the path choice of constructing the public-interested litigation of China from two items: the civil case public-interested litigation of indictment mechanism and the decisive right of the plaintiff after litigation beginning. What mode of civil case public-interested litigation in our country should be adopted?how to build up the public-interested litigation system with keeping on Chinese special features socialism? All this need scholars to work hard unremittingly. If this text has any benefit to the development of public-interested litigation, my heart is delighted.