Study On Public Interest Litigation Of Our Country In The Sentence Of Harmonious Society

China now is in a period of transition, with the interest structure is more and more complex,the situation that public interest has been destroyed is becoming serious, against the background ofparticular attention to private interest. Inside the present frame of jurisprudence, the protection ofthe public interest is difficult to implement, not only because that the subject of public interest isunspecific, so there is always nobody to take proceedings without direct stakeholder, but also thatstakeholder can’t prosecute with disability. In practice, people usually take some extreme ways toexpress their interests in order to protect public interest such as petition、sit-ins、besieging andintercepting institutions, witch will unavoidably produce source of society disturbance and affectthe stability of social order and are inconsistent with goals of harmonious society. So in order toprotect public interest effectivelly and realize the social harmony, the judicial procedure andsafeguard mechanism should be structured urgently.This paper aims to provide the strategies for standing the system of public interest litigation,by basic theories of public interest litigation and absorbing oversea countries’ experience. Differentfrom private interests, public interests contain state interests and Social Public Interests.sometimes, public interest litigation has broke through the direct stakeholders principle, it is asystem that anybody can prosecute acording to those actions encroaching on public interests,thenpunished by court accountability.In face of the present condition that public interest are isdestroyed seriously, but the administrative power can’t take on heavy responsibilities to protect thepublic interest; in judicial practice, the public interest cases are always ruled inadmissible,dismissed the prosecution, and lawsuit wins rarely. The reason is because that on the one handthere is absence of public interest legislation, on the other hand, there are some barriers such aslitigation costs, burden of proof and so on. So, we have to identifies the basic status of publicinterest litigation of our country based on the traditional right of action theory and justification ofparty theory witch has been broken, our public interest litigation contains civil public interestlitigation and executive public interest litigation. also wo suggests constructing multiple publicinterest litigation plaintiff body’s qualification, which includes main parts of nation, socialorganization and individual as well, and designs a suit of supporting measures which includesinstitution of prior review procedures, burden of proof, litigation costs, judger’s power ofdiscretion, limits to disposition of the plaintiff.Finally, this paper proposes relevant countermeasures on how to build public interestlitigation against the problems in the public interest. Litigation practice based on the traditional right of action theory and justification of party theory witch has been broken, and identifies thebasic status of public interest litigation of our country, and suggests constructing multiple publicinterest litigation plaintiff body’s qualification, which includes main parts of nation, socialorganization and individual as well, and designs a suit of supporting measures which includesinstitution of prior review procedures, burden of proof, litigation costs, judger’s power ofdiscretion, limits to disposition of the plaintiff.There is a long way to build public interest litigation of our country, it’s necessary to takemessages not only on perfecting the legislation, but also on other related systems, thus protectingthe public interest effectively and achieve the social harmony.