Terms Of The Public Interest Litigation Judicial Application

Public interest litigation system has been developed very mature already inforeign countries. Is generally believed that public interest litigation originated in theUnited States, is accompanied by the civil rights movement began, and the UnitedStates of America and swing with political trend of fluctuation. Public interestlitigation is " exotic" in our country, with the quality of environment, food more andmore, more and more people pay attention to " the public interest ". So that the "public interest " concept has been paid more and more attention. Public interestlitigation is a democratic system, in addition to let citizens by National People’sCongress, the Chinese people’s Political Consultative Conference, hearing, to obtain auniversal participation in public affairs opportunity. Will involve thousands of peoplebenefit events into established according to law and judicial institutions channels forprocessing, can resolve the contradiction to the maximum extent, make up for a lackof enforcement of government administration, the street leading to action ordered bythe court, justice to achieve social harmony. Therefore, how to solve the publicinterest litigation in the judicial application of the problem is very important.The new civil procedure law by the eleven National People’s Congress of China’sfirst added provisions of public interest litigation terms, from the legislation affirmsthis system in foreign countries has been very mature, for our country because ofenvironmental pollution and other issues become public interest cases increasinglywide concern has been helped by the great. All along, China’s civil public interestlitigation practice while the reaction in the community, but there is always a kind ofthe body is not correct, the shadow slanting feeling. Let a lot of fighting for publicorganizations and individuals have no place to make a strong. Public interest clause ofthe new provisions of the civil procedure law, firmly established for us, make ourpublic interest litigation be in the right and self-confident. But a careful analysis ofthis provision, will find, this clause in the judicial activities of the application will behamstrung. For example, in addition to what is environmental pollution infringement,cited numerous consumers legitimate rights and interests of the damage to public interests, what is the organ of legal provisions, the " about " what does theorganization, so let us for the provision of food hard to swallow. Therefore, thewriting purpose of this paper is to provide a reference for our country through theanalysis of the public in the judicial practice, but also for the judicial interpretationhas some. Sincerely hope that China’s public welfare litigation practice can again likea raging fire started, in order to safeguard the public interest more. In view of this, thisarticle referring to many literatures, the premise of reading a lot of information, in thispaper, hope useful to China’s public welfare undertakings.First, the public interest litigation provisions outlined, aim is to find out therelated concepts, the concept of public interest litigation, clear and definite thecharacteristics and legal nature, and laid a good foundation for further research andanalysis.Secondly, this paper is comparative analysis and Research on the world’s majordeveloped countries, public welfare litigation practice, on the basis of nationalconditions, takes its essence, goes to its dregs, make use of.Thirdly, based on our country’s judicial practice, the judge dilemma in judicialpractice as the starting point, analyze the reasons, the conclusion.Finally, according to the above research and Analysis on abroad, and inunderstanding exists in the judicial application of public interest litigation in terms ofour country, suggestions. This paper focuses on the analysis of the provision of publicinterest litigation related concepts, explains how to better safeguard the public interestlitigation applicable provisions in judicial practice.