Public Interest Litigation System

Since the 20th century, public interest litigation emerges in large numbers, breaking the traditional concepts and system of litigation claims and keeping on impacting on national judicial system, and promoting judicial reform movement worldwide. In the 60s to70s of 20th century, public Interest Litigation has become the focus of Western society. In China, in recent years, as environmental pollution tort cases, securities infringement cases, public places fee cases, involving affect social welfare cases in developing land, monopolies cases against the legitimate rights and interests of consumers continue. How to stop the illegal acts against the public interest to safeguard the public interest is major and urgent complex issues needed to resolve.To Construct the Public Interest Litigation in China, we must think about and answered:How rational allocation of judicial resources to provide legal relief for the public interest? How to Justify the Construction of Public Interest Litigation argument? How to properly coordinate Construction of system of Public Interest Litigation with the existing theory of subject of litigation? How will the existing legal concepts of advanced building in the public interest litigation to be manifested and implement? How public interest litigation in China to choose the mode? How to design public proceedings related to coordination within the system to achieve reunification? These problems with public concern on the public interest litigation are what procedure must face and solve. In this paper I try to give some preliminary answers to those questions.In my opinion, to build public interest litigation in our country, we must explore the basic areas of public interest litigation, analysis of the world the basic form of public interest litigation, know what mode our country would choose, and design the key system of the public interest litigation. In this paper, first, for the Public Interest Litigation, I adopted a new argument thought:"the basic areas of public interest litigation-the basic form of public interest litigation-the mode China Public Interest Litigation choose-the system design of our public interest litigation" as the frame structure of context, with the general public interest litigation system in favor of methods such as the introduction of a public interest litigation in China different shape, etc.; second, for the discussion of public interest litigation system, I described using a new method:I described public interest litigation system on the macroscopic and did not like most scholars, like the civil and administrative dichotomy or even civil, administrative and economic rule of thirds to explain, but do not strictly distinguish between the civil and administrative public interest litigation system as a Overall, the situation-specific application of different laws and regulations, or the application of civil law, or the application of the Administrative Procedure Law. That is, I believe that the nature of public interest litigation should be determined according to the specific situation; Third, the System of Public Interest Litigation, the author proposed new approach:From the two aspects of macro and micro-macro or public action mode selection, the micro level that public interest litigation in the system design. Choice scholars and the general public interest litigation system constructed perspective clearer, more macro, which, in the Construction of Public Interest Litigation on the recommendations more scientific and rational; Fourth, public interest litigation system for classification, the author proposes a new classification:private of public interest litigation and the pure public interest litigation. For this kind of classification is based on the existence of non-qualified majority under the direct stakeholders. Private of public interest litigation is not a qualified majority exists in the direct stakeholders, public interest litigation simply does not exist in the majority of non-specific direct stakeholders. This classification procedure law in China proper party has effectively link theory, is conducive to the application of existing legal norms; Fifth, the model chosen for public interest litigation, the author proposes a new model types:the private of public litigation, litigation practice group based, experimental model of secondary proceedings; in purely public interest litigation, the prosecution introduced the main prosecution, litigation and civil litigation group supplemented model. And I made clear in the same mode shape associated sequence of public interest litigation.In this article, in the first chapter briefly I introduced the necessity of public interest litigation system in its present situation. In the second chapter of the basic areas of public interest litigation, including the concept of the nature of public interest litigation, litigation, and plaintiff status object. In the third chapter, first, the basic form of public interest litigation was the type of analysis, these basic patterns are class actions, group litigation, public prosecution,civil litigation, litigation and legal counsel experimental; Next, it lists the common form of public interest litigation:The emergence of major public interest litigation system is out of the protection of public interests, public interest litigation is not very mature development of the type of features with statutory, public interest litigation, Litigation and the object of interest to restrict the narrow, Public Interest Litigation before restrictions on certain pre-procedure in order to prevent occurrence of abuse complaints. In the fourth chapter of our public interest litigation in the mode choice:the choice of mode of public interest litigation in China should uphold the dichotomy in the private of public interest litigation, the litigation practice group-based, experimental model of secondary proceedings; in the pure public good proceedings, the prosecution introduced the main prosecution, litigation and civil litigation group supplemented model. In Chapter V, I gave some advice on the system design recommendations of Public Interest Litigation, including jurisdictional issues, the scope of litigation, the burden of proof and implementation costs. Of course, for successfully constructing relatively well-established public interest litigation system, there will be long-term exploration to go through which requires joint efforts of the whole community.