Consummate On Our Country’s Civil Public Interest Litigation System

Civil public interest litigation system breakthrough inherent lawsuit theory andmodel of bondage, clear the interested party may not directly into the concreteprocedure of channels, and at the same time also to combat damage behavior of thesocial and public interests opens a new way. In this paper the end of August this yearby the National People’s Congress committee often passed by the civil procedure lawamendment "in the first add on civil public interest litigation system terms this eventfor favorable opportunity, to our country civil public interest litigation systemconstruction of concrete were studied. In view of our country civil public interestlitigation system for the later start monk show is weak, the amendment and only ageneral terms there is no specific operation of the provisions of this situation, theauthor has used the comparative analysis and so on the many kinds of researchmethods in the foreign countries are targeted investigation analysis basis, realizationand complete the our country civil public interest litigation system lawsuit systemspecific consummate research. This paper focuses on the content of the civil publicinterest litigation system and the scope of accepting cases of plaintiff qualification twocore problems, the provisions of the scope of accepting cases problems directly relatedto the suitability of the civil public interest litigation system for social public interestsprotection of the strength; The plaintiff’s qualification awarded to be whetherappropriate fully is balance processing good exercise the right of appeal and curb theabuse of right of appeal is an important problem. The author combining the situationof our country civil public interest litigation claims case-accepting scope shall step,levels of along with the theory and experience constantly mature gradually expand andstrengthen, but to the plaintiff qualifications, the claims set up a common participationof various main diversified subjects pattern; Based on this the author to the civilpublic interest litigation system to prevent the litigious right abuse and litigation costsand reasonable bear program security and guarantee civil public interest litigationprocedure smooth open and other related judicial application problems were also discussed analysis; At the same time puts forward the extraterritorial introducedrespectively according to the plaintiff and the defendant’s rewards and punishmentmechanism suggestion to strengthen our country civil public interest litigation systemfunction. Look forward to the proposals and ideas presented in this paper gave asource of strength for the consummate of civil public interest litigation system.