Study On Public Interest Litigation

According to the situation in juridical practice, public interest litigation was writteninto civil procedural law first time. I think the most important thing is that it’s helpful toprotect the social and public interests through judicial procedure and judicial power. As isknown to all, it often happens that the public interests is hurt in many fields, especially inthe field of environment protection and the rights of consumers protection. So it’s a bigproblem that people ask strongly.The public interest litigation system has advantages in protecting social and publicinterests. Because its’ characteristic is that the one who sues is not the one who has stakeswith the claim directly. Stipulated in the civil procedure law, The plaintiff must have adirect stakes to the case. In the case of damaging the public interests, the owner of interestsis not specific. Protection of public interests is restricted, if there is no provisions on publicinterest litigation. For example, in the case of environmental pollution, the owner of theinterests of the environment is not specific. Specific individual can’t maintain the publicinterest because there are no rules. So the modification of the civil procedural law is verymeaningful.But at the same time, someone came up with the view that the rules on the plaintiff of public interest litigation are obscure. From the relevant provisions of the civil procedurelaw, there are two types of subjects ruled. One is the offices fitted by laws, the other isorganizations related. In fact, we still have room for interpretation to how to understand theoffices fitted by laws and the organizations related. Through Analysis of the intention ofthe legislators in using the fuzzy definition, we can know that the lawmaker will determinethe offices in specialized laws, for example, the article90of "Marine EnvironmentalProtection Law". So the special laws such as the Consumer Protection Act and theEnvironmental Protection Act would be haven the rules on the subjects of public interestlitigation. There are millions of social organizations. Is it necessary to set a special one tosue for certain reasons? When making the laws, what kinds of limits should be set to theorganizations that can be a plaintiff? The view of paper is that the conditions of laws onthem should be more abstracted and more open from the point for promoting publicinterest litigation. As long as it’s establishment of the objective and scope of activities areassociated with the corresponding public interest. In order to make the development ofsystem more efficient in the early, Individual currently is out of the scope of subjects.If we want the system to run well, we still should reify the provisions. The paperdiscuss some special problems came with the system, like nolle prosequi, mediation, counter-claim and so on.