Research On Civil Public Interest Litigation

With the development of the economic and technology, the productivity is keep improving, the country's privatization has continuously deepened. People's living conditions has significantly improved, while many social problems appear, for instance: the destruction of environmental resources, the loss of state assets, the consumer protection disputes, the food hygiene and safety disputes, antitrust disputes, etc. The principal contradiction of this kind of social problems focused on the protection of the public interest.Currently, to standardize the using of public resources and protect the public interests, Chinese civil law system needs further perfection. Traditional civil litigation system could not completely solve the social problems that have been occurred any more, the gaps in the public interest protection of civil law systems make so many acts against the public interest cannot be subject to legal action; therefore, to study the civil public interest litigation is of great significance.This paper is divided into four main parts.The first part is an overview of the civil public interest litigation, it includes three parts:the origin of the Public Interest Litigation, the concept and characteristics of Public Interest Litigation, and the value of the Public Interest Litigation, these are the theoretical basis of Public Interest Litigation.The second part of the thesis is the investigation of civil litigation system in the extra-territorial. The development of the Public Interest Litigation System is still insufficient in our country. Comparison researching between the representative countries of the Public Interest Litigation System, absorbing their ideas and the advanced systems, which is the necessary choice to develop our Public Interest Litigation System. The section in this article is focus on the research between the common law countries which represented by the United States and the United Kingdom and the civil law countries which represented by Germany, France and Japan. And have a comparative analysis between them from consistency and differences which aims to provide a feasible idea to establish a civil public interest Litigation system.The third part is the necessity and feasible analysis to establish the civil public interest litigation in our country. Firstly, this section introduces the current development of the civil public interest litigation in our country. The civil public interest litigation system is characterized by a late start, a slow development and a imperfect development of legislation. Secondly, analysis the necessity and practicability of the civil proceedings based on the real and basic conditions in our country.The fourth part is relating to the construction of civil public interest litigation in our country which is divided into four sections to be addressed. Firstly, the theoretical and legal basis of the civil public interest litigation. Secondly, have a discuss about the qualifications of the plaintiff in civil public interest litigation, including the delimit of their qualification and the investigation of their limits and construction.Thirdly, the evidence of public interest litigation on the civil system, which involves two issues:who will bear the burden of proof issue and strength of the evidence standard. Fourthly, the responsibility of the cost of civil public interest litigation. In this paper, the writer make several recommendations which is in the establishment of a civil commitment after borrowing the ideas from abroad, so that make a better to the national conditions of Chinese public welfare litigation system.