Civil Suit System And Its Application In China,

Public litigation is an ancient institution. Along with the developments of Marketing Economy and society, Public litigation has new usage. Establishing the civil public litigation system is so important that it becomes a style for citizens resisting illegal behaviors, and taking part in governing to protect public interest and consummate the new way of civil rights succoring. This article analyzes the intention, presents the basis of the theories of civil public interest litigation system, and through contrasting the civil public interest litigation practices home and abroad, puts forwards the necessities of establishing the civil public interest litigation system, then presents some suggests and opinions.Besides the foreword and conclusion, this article includes three chapters.The first discusses the concept, characters and classifications of civil public interest litigation. The litigation is the law system that means according to the laws, given organs, social groups and related citizens raise the civil litigations to the courts against the civil illegal behaviors which have violated social public interest, then the courts protect public interest by judicature sequence. Through developing the theories of litigating rights, extending the proper qualifications of those directly involved and analyzing the intrinsic quality of public interest litigation of the citizens'joint behaviors, we can get the strong theory basis of establishing the civil public interest litigation. In addition, according to our practice, the article puts forward the actual necessities of establishing the civil public interest litigation system.The second introduces the legislation and practice of the civil public interest litigation system abroad and the status quo in China. America is a country that has a relatively consummated modern civil public interest litigation system and has developed the civil public interest litigation in wide-ranged fields of civil litigations. In our country, the litigation system has no legislation. But in practice, partly public interest litigations have got the court decisions used civil systems. But lack of legislation, it is difficult to protect public interest using the civil public interest litigation system .The third analyzes some questions of establishing the civil public interest litigation system in our country. In the first place, makes clear who can raise the litigation, such as procuratorates, social organizations and citizen. In the second place, the article thinks the civil public interest litigations should include state-owned assets losing, anti-monopoly, environmental protection and consumers'rights protection which protect public interest. Finally, presents the placing a case on file, and litigation fee because of the particularity of civil public interest litigation.