Establishing Of Civil Public Welfare Litigation Of China

The Civil Public Welfare Lawsuit (CPWL) has established in many foreign countires,which is a generally accepted by the civil litigation system and well developed. However,the system of protecting public welfare was absent in Chinese traditional litigation systemdue to the restricted in capacity of Part. In order to resolve the situation, it is necessary toestablish the system of civil Public interest action. But it is a tough task to establish thesystem in our country with the barirer of the traditional Procedural theory and the weaklegal infrastructure.Chapter one is about the basic conceptions of public interest and litigation for publicinterest, introduce the origin and classification of the litigation for public interest. Andsummairze the character and function of the civil litigation for public interest.Chapter two is the introduction of our nation’s legislation of Civil Public litigationand the status of the justice practice.Chapter three is about the legislation and practice of the civil litigation for publicinterest in western countires. America expand civil litigation for public interestwidely,other countires also shape their own system by the restriction of law. In theend,compare and analyze the qualiifcation of plaintiff, the form of the litigation, the role ofthe procurator oiffce and some given organization as the four common grounds of civillitigation for public interest in those countries.Chapter four is about building up of the civil litigation for public interest in ourcountry. Firstly, write the civil litigation for public interests system into the law. Secondly,definite the plaintiff and the case range of civil litigation for public interest,it is proper toqualify the procurator ofifce, some given organization and natural person to bring anaccusation. The case range involves the loss of state-owned asset,environment protection and consumer benefit protection.The author Puts forward his own idea to Pormote our country to create the civil PublicLitgiatlon as soon as possible.