Research On The Public Interest Litigation Right And Its Operation Mechanism In Our Country

Since the60s to70s of20th century, a large amount of public interest litigation cases were emerged in the word. Litigation claim is different from the traditional lawsuit idea and litigation system, which impact on the national judicial system, and promote the judicial reform movement of the word. In recent years, in china, the pollution of the environment infringement cases, securities infringement cases, public charging case, involving land development influence social welfare cases, monopoly industry violated the legal rights and interests of consumers in a rash case, and many of the case to the public welfare lawsuit form submitted to the people’s court for judicial solution, but it is hard to accept. How to effectively stop the illegal activities, and to safeguard the public interest is the urgent important and complex subject, and the key problem is the clear of the public interest litigious right. The purpose of the author writ this paper is that looking for the public interests of the remedy of the effective way by researching of our country should establish public interest litigation system and how to configure and security of the public interest litigious right.This paper is about3400words, divided into four parts:The first part, Public interest litigation system and The dilemma the Public interest litigation system facing in China and it’s way out. This part pointed out that through the public interest litigation to protect the public interest is to define the public interest litigious right by analysising of two basics concepts of the public interest and the public interest litigation and development present situation and existing problems of the public interest litigationThe second part, Put forward the public interest litigation right and Analysis its justification. This part put forward the concept of public interest litigation, and analyzes the connotation and the characteristic, to looking for theoretical basis, the constitution foundation and realistic foundation for the exercise of public interest litigious right, and analyzes its realistic necessity.The third part, The investigation and comparison of the Litigation right machine operation in different public interest litigation mode in foreign country. This part investigates the public interest system of the main outside countries, and analysis the common and difference of major overseas countries in the public interest litigation right operation mechanism, to looking for the beneficial reference for the configuration of the public interest litigious right.The fourth part, The thinking of the construction of the public interest litigation operation mechanism. this part is about the construction of the operation mechanism of the public interest litigation right, mainly from the exercise to condition of public interest litigation, procedures, the main subject, and analysis of the abuse of public welfare litigation structure method and the exercise of the right of public security mechanism.The author hope the above argument to draw the outline of the public litigation in China effectively exercise way, to provide a useful reference for the construction of the public interest litigation system in our country, to provide effective action relief way for the protection of the public interest.