On The Construction Of Public Welfare Lawsuit System In China

As for Public Lawsuit, it can be traced back to ancient Roma, but more attractive in 20th century. Along with the change from free capitalism to monopoly capitalism, the outburst of socialism, the development of hig-tec, and the deepening of socialization of product and life of people, and for protect of interest of nation. social public interest and of social community interest, Public Lawsuit is emphasized. Public Lawsuit is the ligitation to protect the public interest.Public Lawsuit is the parallel to the personal interest . Public Lawsuit distinguish from the personal interest lawsuit. It has its own inner qualitative nature. Its aim is to protect public interest. Public Lawsuit is the embodiment of democratism in legal system. As for its main body, the plaintiff is wide and indefintive while the defendant is often the national power body or the influenced body or its member.Public Lawsuit is different from the personal-based Civil Lawsuit. The lawsuit is raised because of the aggression on public interests instead of the encroachment on personal rights. Public Lawsuit is litigation for the interests of the public. Whether the non-interested legal person can sue it at the law when the public interests are invaded by the aggression. There is still no answer according to the legal procedure. There are judicial systems in every nation. Compared with this point, there are no regulations in China. Construction a Public Lawsuit will contributes to the common interests and perfects the litigations system.This thesis contains three parts, which are introduction, main body and conclusion.Four chapters are included in the main body. The aim of the first chapter is to define Public Lawsuit through analysis of the mechanism and present situation of the Public Lawsuit of our country. Public Lawsuit is defined as the actions taken by departments of the State, direct or indirect interested organizations or legal person in the name of the State or legal person to sue those acts which infringe upon or might infringe upon the civil rights and interests of the State or society according to law, to quest for the responsibilities of the law-violators. And then the purpose and characteristics of the Public Lawsuit are pointed out in the following accordingly.The Second Chapter introduces Public Lawsuit system in different countries.The Third Chapter through analysis of the current condition of public disputation, points out the necessity of establishing Public Lawsuit system and analyses the carrying out of establishing it.On the base of the above-mentioned analysis, in the conclusion, the author, points out that establishing Public Lawsuit system accords with the demanding of modem constitution. Although there exist many difficulties, the author believes that Public Lawsuit system will realize its due value during the process of law making.