The Basic Conception Of System Of Civil Public Interest Litigation

Always have been private constantly eroded and against public interest in theunprotected state. Traditional procedural law theory holds that the interests byunlawful infringement, the corresponding public law on the right of appeal to the helpof the judicial system to protect their own interests. Represents the interests of or onbehalf of public interest but this did not take into account the public interests havebeen infringed can not I find the government itself not enough to defend the publicinterest as the perpetrators vary or government capacity gaps, the traditional partysystem on the the public interest is excluded from the scope of protection. Thepurpose of the study of Public Interest Litigation is the basic framework of the CivilSuit System to be established to overcome the traditional procedural law theory, andinstitutional defects, in order to protect the public interest.Special public interest civil litigation because the subject matter of litigation andthe litigants, making it different from the traditional civil litigation law theory andsystem. Civil Suit System is still the traditional basis of civil law theory as a guide,with the characteristics of a civil action. The basis of the characteristics of theanalysis of the world Civil Suit System, seeking a Civil Suit System for the domesticstatus quo. Thesis from the procedural system is set to ideas, to the execution of thejudgment from the pre-litigation procedure, the idea of a Civil Suit System. Thisarticle cm chapters. The first chapter begins with the basic concept of Public InterestLitigation interpretation. To explore the Civil Suit System, is bound to the firstaccurate understanding of what constitutes the public interest and public interestlitigation to make and define. On this basis, in order to accurately locate the system ofPublic Interest Litigation can be a reasonable set of the system. Followed by thesecond chapter the characteristics of the Civil Suit System introduced on a PublicInterest Litigation is not traditional suing theoretical breakthrough. Public interestlitigation of civil litigation system are discussed to confirm the position and length of Public Interest Litigation in the Civil Procedure Law. Meanwhile, the domesticsystem of Public Interest Litigation History, as well as the current sporadic provisionsare summarized. The third chapter describes the mode of prosecution of the foreignCivil Suit System analysis of the characteristics of the respective system, summary ofChina’s practice in the Public Interest Litigation. On the basis of the reference toforeign legislative experience, combined with China’s national conditions, to explorefor China’s Public Interest Litigation. The final chapter is a specific conception of theCivil Suit System. The main line of the proceedings, the complaint before theprogram in the Public Interest Litigation in the complaint procedures, as well as theend of the proceedings after the judgment of the effectiveness of execution of thejudgment system idea to explore the civil public interest litigation system in thetraditional system of civil litigation basis.In this paper innovation lies in the Public Interest Litigation in the current civilaction under the overall framework, combined with administrative litigation andadministrative public interest litigation, a reasonable set of Civil Suit System. CivilSuit System as a separate chapter of special provisions of the special procedures, andset reasonable incentives and abuse of First Instance of the inhibitory mechanismsplay procedural institutional guarantee for the maintenance of public interest.