Construction Of Civil Public Interest Litigation Procedure In China

Civil Public Welfare Lawsuit aiming to protect and maintain public interest dates back to Ancient Rome. Abnormally rapid economic growth causes an increasing number of social problems. Especially, in this social transitional period many cases infringing state interest and public interest proves great challenging for current civil litigation system. How to defend state interest and public interest remains a problem to be solved. A good way is to build a rational and perfect Civil Public Welfare Lawsuit to protect these public interests. In reality, many quasi-public welfare cases cannot effectively solve any dispute by lawsuit without any related legislative procedure and law system. In our country, many scholars seek deep discussion of connotation, prosecutor and scope of case of civil public welfare lawsuit, while construction of specific procedure is seldom systematically researched. Current Civil Procedure Law first empowered stated related organization to file public welfare litigation, a great breakthrough to push forward with civil public welfare lawsuit. However, there still remains unspecific provision and discussion of legal proceedings. Therefore, By way of comparing judicial practice current status of civil public welfare lawsuit with mature legal system in foreign countries, this article seek construction of procedure of civil public welfare lawsuit in depth.Four parts compose this article. First part shows generally the basic theory of civil public welfare lawsuit Definition of public interest comes first as the core concept of civil public welfare lawsuit and then connotation and foundation of rights and law are introduced. Last in the first part, scope of civil public welfare lawsuit is restricted. Second part mainly describes the provision of foreign civil public welfare lawsuit and the enlightenment for building our perfect procedure. Introduction of typical legal system, including Class Action, Fink a lawsuit, Amicus Curiae, Excremental Lawsuit is followed by useful enlightenment conclusion. Part Three is the basis of constructing civil public welfare lawsuit. First current practice status of civil public welfare lawsuit is stated and then reasons for this situation get analyzed. Necessity and significance of constructing procedure of civil public welfare lawsuit are last explained in this part. Key point of this article lies in Part Four. Suggestions on building procedure of civil public welfare lawsuit in our country are made by analyzing provisions of procedures in domestic and overseas legal system. Strengthen procedure consciousness of civil public welfare lawsuit before building the procedure. Following basic principles of procedure of civil public welfare lawsuit, this article demonstrates proposals to build procedure of civil public welfare lawsuit in period of register, trial and execution.