Public Interest Litigation Of The Defendant

The academic circle and law practice has continually promoted public interestlitigation legislation in recent years, especially having spared no effort in arguing forexpanding the plaintiff standing of public welfare lawsuit but they have not givenenough attention and interpretation for defendants. Around the defendant in the publicwelfare lawsuit, the article elaborates public welfare lawsuit theory, analyzes thetheoretical basis and classification of defendants in the public welfare lawsuit, andespecially has given much attention on how the country could become the defendant.Demonstration structure of the article can be as follows:Introduction: it indicates the value, study methods, and relevant analytic concept ofthe topic.The first part: The concept reflected from defendants in the public welfare lawsuit.By virtue of the defendants in several public welfare lawsuit cases, the part analyzesthe public welfare lawsuit theory, including the formation of the public domain,difficult position of the weak and deliberative democracy.The second part: the theoretical basis and classification of defendants in the publicwelfare lawsuit. The public welfare lawsuit defendant fundamentally comes from theproper party theory in civil lawsuit. It analyses how the defendant is divided into civilsubject and administrative organs, and draws forth the topic about whether thelegislature and the state can become defendants.The third part: the country as the public welfare lawsuit defendant. This part firstlypoints out two aspects bring about the country’ position as a defendant: the state is inan initiative position to infringe upon the public interest or has not fully fulfilledresponsibility in the public interests maintenance, and then analyses the closeconnection between the Marxism’s national origin, home countries said, socialcontract theory, modern national doctrine and the public interest.Epilogue: it points out how to regulate better the behaviors infringing upon publicinterests, and points out the deficiency and aspects to be improved in this paper.