Public Interest Litigation Legislative Studies

Along with our country's economical development, the legal system loophole of the protection of the public interest is more and more obvious, so that many violations after the public interest occurred, and administration, the judiciary can aslo not control the strange phenomenon. That is why the public through the establishment of the civil litigation system to make up for our country's lack of supervision of the public interest, which gradually becomes the scholar's focus of attention and study. However, how to establish and what kind of civil public interest litigation system to establish, as well as what kind of legislation is more suitable for the conditions of our country is a big problem which very few scholars have a depth study on. In view of this, this article makes a special study of the civil public interest litigation in the legislative practice, so that it can have good effect on our country's legal system.In particular, this paper introduces the connotation of the civil public interest litigation, and has a deep study of the necessity to build the civil public interest litigation. The author agrees with the theory of binary public interest litigation, at the same time put forward a precise concept of the civil public interest litigation. The author believes that the establishment of the civil public interest litigation can have a restriction on the use of the system and further promote human gain and it also is an inevitable requirement for China's reform.The second part describes the origins and the modern development of public interest litigation. At the same time it carries out a detailed introduction to the new China's system of civil litigation in arising and historical development. So that we can learn the lessons from the advantages and disadvantages of the development of civil public interest litigation development both at home and abroad.The third part is to explore the scope of the civil public interest litigation cases, combined with China's national conditions and focus on the demand side from the practice and put forward what should be classified as civil cases of public interest litigation case to the scope.PartⅣ, PartⅤand PartⅥ, which was the key point of this article was that of the concept of the proceedings of China's civil public interest litigation, and on this basis raised a number of premature legislative proposals with a view to building a civil public interest litigation, so that the national conditions of China's public welfare litigation system.will be better.