The Consummation Of Our Country’ Civil Public Interest Litigation System

Civil public interest litigation in the protection of the state interests and public interests have been recognized by most countries in the world. The consummation of the system for our country in solving contradiction, meet the demand of the judicial justice and safeguard legitimate order have the important practical significance.Civil public welfare lawsuit has own particular theory procedure request compared with the traditional civil action. In my paper, on basis of the research and analysis of civil public interest lawsuit system and the relevant specific rules of various countries in the world, combined with the current civil public welfare lawsuit situation to come up with some concrete suggestions about improving our civil public welfare lawsuit.Addition to the introduction and conclusion, the paper is divided into four parts.Part one, study of basic theory of civil public interest litigation. Civil public interest litigation refers to a specific state organs, the authorized social groups or individuals according to law, aim at encroach social public interests of civil illegal behaviors file a suit before a peoples court, the court applied the proceedings shall be investigated for legal responsibility and at the same time to defend and protect the social effect of a kind of public interest litigation system. Civil public interest litigation system has the nature of public welfare, the particularity of the particularity of the parties, relief, content and the particularity of litigious four characteristics significantly.Part two, it carries on the inspection to the United Kingdom and the United States, Germany, India, Korea, Japan and the related litigation system. The United States legislation to determine the prosecutors filed public interest litigation, group litigation, civil public interest litigation directly and relator action system in four forms. The British usually by the attorney general represents government filed a lawsuit, local governments can also own filed related litigation related to the public interests within the jurisdiction of the court. France provisions of the civil public prosecution system, in addition to France in1913and case methods to determine the group action. Germany through special legislation to the relevant industry autonomy organization with the right of action, formed a group action as the main form of the civil public interest litigation mode. India to the United States of America’s public interest litigation on combination of their own practice, formed a unique style in the public interest litigation. Foundation of South Korea and Japan are also in their own practice on the formation of a more mature system of civil public interest litigation.Part three, it is the research of civil litigation legislation and practice status of. In this part, in-depth understanding of regulations on civil public interest litigation system in China in2012the new civil procedure law at the same time, research on1997in Henan province Fangcheng County procuratorate filed public interest litigation in China since the civil public interest litigation cases, discovers the existence of the legislation and practice of civil public interest litigation issues, seize the key of the civil public interest litigation system in our country is perfect.Part four, the civil public interest litigation system’s basic principles, scope, subject of action, jurisdiction, trial organization and the range of supporting system of the five aspects of China’s civil litigation system of concrete proposals.