The Discussion On Civil Public Interest Litigation

With the prosperity and development of socialist market economy, social peoplecome to realize that behind the prosperity and development, public interests are eroded,little by little, however, the public interest protection system has not yet beenestablished. Suffered damage in urgent need of relief in the public interests and theconflict between lack of relief system, how to protect public interests has become astudy focus in the academia and the practice department, construction of public interestlitigation system is imminent.Until August31,2012, the National People’s Congress standing committee passedthe decision of the modification of the civil procedure law, increased regulations on"public interest litigation: the environmental pollution, infringes upon the lawful rightsand interests, such as many consumers behavior harm social public interests, laws andregulations of authorities and relevant organizations may bring a suit before a people’scourt. At this point, the public welfare lawsuit system was formally written into the civilprocedure law, this greatly inspired the desire to protect public interests relevant organs,organizations and citizens, they are in the practice of civil public interest litigation hasmade the positive exploration. In active exploration efforts at the same time, however,still faces many difficulties in judicial practice: on the one hand, because in our countryat present, the civil public interest litigation is mainly for personal action form, oftendue to the limitation theory of "eligibility" or both of the lawsuits partly due to thedisparity of power and result in losing; On the other hand, the social from all walks oflife to the civil public welfare lawsuit is not a clear and accurate understanding, what isa civil public interest litigation? Who shall have the right to file, and it have any specialprogram. These problems still exist many disputes, legislation is difficult to achieve.Discusses the full text is divided into three chapters. The first chapter, the introductionof the perspective of civil public interest litigation. This chapter first stated theconnotation of the civil public interest litigation, civil public interest litigation is refersto the procuratorial organs, civil organizations and individual citizens according to legalprovisions, in view of the illegal behavior violate the interests of the public request, thecourt proceedings by the court sanctions violations in judicial proceedings and protectthe interests of the public, a form of litigation. The author to the historical origins of the civil public interest litigation, civil public interest litigation stems from the legal systemof ancient Rome, the Roman law has experienced three kinds of procedure process,namely the legal litigation procedure, programming book proceedings and proceedingperiod very much. Civil public interest litigation is produced in relatively free programbook proceedings. Finally will contrasting traditional civil action and civil publicinterest litigation, with respect to its characteristics to identify. Lists, respectively, in thesecond part of the first chapter, two typical practice case analysis, in order to grasp theproblems existing in the civil public interest litigation.The second chapter, the current problems about the development of the civil publicinterest litigation. In this chapter, first of all, in the field of civil public interest litigationbrought by citizens individual citizens suffer from the limitation of\"client eligibility\"theory, individual citizens and the defendant’s position is not to treat problems such as;Give individual citizens civil public interest litigation rights at the same time, there arerights abuse problem. Second, in the field of folk organizations filed a civil publicinterest litigation, the civil litigation rights, management system and power limitationsare analyzed. Finally, briefly describes the connotation of public interest and scope ofuncertainty and particularity of civil public interest litigation procedures and problems.The third chapter, some assumptions to perfect the civil public interest litigationsystem. First of all, this chapter demonstrates the expanding in the civil public interestlitigation of the plaintiff main body, the procuratorial organs, social organizations andcitizens, and set up relative answered the lawsuit system, respectively. First, privatecitizens as the direct main body of civil public interest litigation. Put forward thelitigious rights of the individual citizens as the most widely perpetrators, and safeguardthe interests of the public body directly. Second, the the main body of civil publicinterest litigation. Explains the folk organizations filed a civil public interest litigation,has the strong ability, the rich legal skills such as advantage, better able to compete withthe powerful, is conducive to a more fair lawsuit, so as to better safeguard the publicinterest. Third, the procuratorial organ supplement civil public welfare lawsuit mainbody. Puts forward the responsibilities and position determines its procuratorial organsare best suited to become a civil public interest litigation of public interest litigation.Procuratorial organs as legal supervision organs, protecting public interests, to stopwrongdoing. Out qualification is put forward at the same time, the procuratorial organs as a common client, in addition to general litigation right, also has a certain state powerand the judicial supervision, can’t literally filed a civil public interest litigation,generally only for serious public interest damaged case, no one willing to or fail tomention the civil public interest litigation cases filed a lawsuit. Secondly, this chapter onthe connotation of public interest and scope has carried on the reasonable definition.Puts forward to a better understanding of the public interest, can be divided into threecategories: the public interests the state interests, public interests and personal interests.The scope of public interest interests, by drawing lessons from the successfulinternational experience, this paper determines the reasonable to define the publicinterest. Finally, the civil public interest litigation build, with caution, this chapter putforward a series of legislative ideas: first, establish the diversity of the civil publicinterest litigation filed. This paper, considering the diversity of civil public interestlitigation, determines the diversity of prosecution way, including filed separately,participate in filed and filed together; Second, the introduction of litigation lead reviewprocess. Proposed must inform before the filing of a civil public interest litigation,director of the public welfare state administrative organs, administrative organs afterreceiving the notice must be handling decision within the statutory time limit, theadministrative department when idle to perform their duties or is not appropriate whenperforming their duties, can to people court to lodge a civil public interest litigation;Third, the rational allocation of the burden of proof. Due to the particularity ofprocuratorial organ identity is put forward, in the civil public interest litigation, applythe principle of "who advocates, who proof". And because individual citizens andprivate organizations in the lawsuit ability, evidence ability, problems of the litigationcost, etc, and therefore the need to pay the general burden of proof.Through the above three parts, in order to change the present civil procedure assoon as possible to the absence of public protection status, to maximize the release ofenergy, civil public interest litigation to achieve the judicial functions of the harmonioussociety to provide another corresponds with the system.