Public Interest Litigation In China's Civil Construction

At present, our country is being in social reforming the crucial time, is extremely prominent by the benefit relations and benefit pattern change initiation each kind of contradiction, the public interest protection has aroused the widespread interest in particular. However the traditional civil action theory believed that, only has the formidable sponsor to be able to file the lawsuit, can become the lawsuit qualified litigant. If does not have the direct formidable sponsor, or the direct formidable sponsor because did not know, is not willing, not to dare but not to file the lawsuit, often forms the aspect which nobody should sue. This kind of procedure system flaw enables many public interests not to be able to obtain the practical maintenance. Thus, constructs our country the civil public welfare lawsuit system to compel in eyebrow Czechoslovakia. The civil public welfare lawsuit is refers to the specific state agency, the social group and any citizen acts according to the legal authorization, to violates the law, the laws and regulations, the infringement national interest, the social public interest behavior, files the lawsuit to the people's court, files the lawsuit to the people's court, legally investigates its legal liability by the court the activity. The various countries although to this system stipulation, but all has bought into line with the public interest maintenance to the judicial lawsuit domain approves, our country at present still the not civil public welfare lawsuit system correlation legislation, the related research and the exploration also just started. This article by "the model overseas legislation practice, bases our country reality, constructs the new civil public welfare lawsuit system" is the objective, the various elaboration civil public welfare lawsuit system connotation and the characteristic, discuss it the feasibility and the necessity which constructs in our country, from this lawsuit basic principle establishment with the document scope, main body delimiting, to is presented evidence the responsibility and the lawsuit expense undertakes and the lawsuit drive and the reasonable restraint mechanism, proposed constructs this new lawsuit system the frame, impels Chinese the government by law advancement.