Public Interest Litigation Subject Of Study

Since reforming and opening up, with the maintaining economic development and theincreasing of people's living standard, meanwhile we also find a set of new questionsappear such as national assets running off, environment pollution, economicmonopolization and so on. But nowadays each system can't cope with the newcondition for many causes, and national social public interest and civil legal interestare exposed in the much violation in some extent. In order to resolve the nowadaysquestions in Chinese social and protect national social public interests not to beviolated, we should face with the problems that are founding the system of thenational civil public good lawsuit, awarding the right to file civil public good lawsuitand acting the supervising right for procuratial organ. In this paper, the penman putsforward the position of founding civil public good lawsuit in our country and statesthe subject of filing civil public good lawsuit is our procuratial organ. Then the deeperdiscuss is a set of problems in legislation and justice practice of procuratial organfiling civil public good lawsuit.This paper is composed with preface, text and concluding remarks.The preface briefly relates the writing motivation, the problems to be solved, the valueand theory significance of the paper.The text has four parts as following.Part 1 is the summarization of civil public good lawsuit. There are the concept andcharacteristics, emphasizing the history of the different foreign law system, andhistory process that is our country set the system once but canceled finally. The laststatement of this part is the importance of the rebuilding the lawsuit as three followingaspects: the first one is reflecting the principle of constitution and legal system; theother is for safeguarding nation interest and social public interest; the final one is needof completing civil procedure law.Part2 is the research on subject types of filing civil public good lawsuit. In this partthe author introduce the subject types in USA, UK, German, France, Japan, SovietUnion and our country. At last by comparing we sum up the common action andregular. The primary is following five points. The first is difference between US andUK legal system and civil legal system. The second is the tendency of expanding thesubject among countries. The third is widening the case-acceptance. The fourth is theconsciousness being strengthened of public participating in the lawsuit. The fifth isthat each country awards procuratial organ the right to file civil public good lawsuit,which is the most important and makes effect on our rebuilding.In Part3 the view is taken from foreign countries and we focus on the rebuilding civilpublic good lawsuit in our country. Through elimination the conclusion is thatprocuratial organ is the best subject in PRC. Then the author proves the conclusion inpositive angle. However the development of legal theory provides the foundation andwe analyses on the characteristics and function of procuratial organ; However in viewof the foreign we get the remaks of our history experience, all of this evidences canillustrate the conclusion, that procuratial organ is the best subject to file civil publicgood lawsuit. This is inevitable.Part 4 mainly discuss practicing problems. Firstly there are three type cases to be filedby procuratial organ, such as national assets losing case, environment pollution caseand monopolization case. Then the penman discusses the status, the right andobligation of procuratial organ. In order to keep the balance of the composition of thelawsuit, complete the equality of the two side subject, procuratial organ should beplaintiff. Because procuratial organ has the especial function and characteristic andhas difference from the common plaintiff, the status of procuratial organ should beespecial plaintiff. The right and obligation are mainly same with the common plaintiff.The minor difference should be legislated clearly. Following statement is the relationbetween filing right and the supervising right. The last section of the...