Civil Public Interest Litigation Related Legal Issues Research

With the deepening of China’s reform and opening up and the continuousimprovement of the socialist market economy, economic exchanges between peoplemore and more frequent, all kinds of legal relationship is complex. In people enjoymarket economy to bring private interests while ignoring the unreasonable economicdevelopment model of damage to the state interests, public interests, some new socialproblems also gradually emerges, civil disputes and tort emerge in endlessly. But theexisting legal system and the traditional way of private interest litigation can notprovide a strong protection, makes some legitimate rights and interests or get legalprotection, or lack of legal protection, the state interests, public interests and notparticular interests of the majority of people is facing a serious threat. This a series ofphenomenon caused a strong focus on theory and practice. From the current situationof Chinese social, our country needs to establish a new type of lawsuit system toprotect the public interest. As a result, the civil public interest litigation arises at thehistoric moment, which filled the gap of public interest protection.The author believes that the meaning of the civil public interest litigation can besummarized as system, according to the provisions of the relevant laws, a particularsubject in order to protect the interests of the state, social public interests or theinterests of the majority, nonspecific illegal behaviors of offenders to court to lodge acivil action, shall be investigated by the court of lawbreaker legal responsibility. Newprovisions of article55of the civil procedure law ","to pollute the environment,infringes upon the lawful rights and interests of consumers and other harm socialpublic interests, the law of the authorities and relevant organizations may bring a suitbefore a people’s court." Which of the civil public interest litigation system is a bigstep forward, provide theoretical support for public interest litigation in judicial practice, but this is just the rules of the framework, on the specific applicable therewas confusion. At present, the written theory structure of civil public interest litigationis the combination of the civil procedure law and related special law and special lawregulation and applies only to a particular area, to protect a specific public interest.Therefore, urgent need for improved in civil public interest litigation system, and inthe process of establishing public interest litigation system pays attention to thecombination of theory with practice, to perfect the conform to the public welfarelawsuit features a series of supporting system, guarantee in real legal protection ofpublic interests.In this paper, the legislative status of civil public interest litigation, and judicialstatus are analyzed, combined with China’s actual conditions and in August2012, therevised civil procedure law, the main part of the problem exiting in the judicialpractice, such as the plaintiff’s definition, how to bear the litigation costs, how todistribute the burden of proof, the referee effect and implementation issues such as theauthor’s opinions are put forward.