The Improvement Of The Theory Of Civil Public Interest System In Our Country

After the civil public interest litigation system originated from Roman law, booming in many countries and regions. He broke through the traditional civil litigation limitations on private disputes, it extends to the public interests and uncertainty on the protection of the interests of most people. In contrast, the civil public interest litigation system in our country is relatively late. With the development of economy in recent years,environmental pollution, food safety issues, such as loss of state-owned assets cases of violation of public interests. The call for the social from all walks of life to establish civil public interest litigation is more and more strong. August312012to fix the civil procedure law adapt to the needs of the society to establish civil public interest litigation system for the first time. Of article55of the specific provision to pollute the environment, infringes upon the lawful rights and interests of consumers and other damage to the behavior of the social and public interests, the law of the authorities and relevant organizations may bring a suit before a people’s court. This is the ice-breaking LiFaShi in our country, and solve the civil public interest litigation system in our country for many years could not be in accordance with the awkward situation. But a simple law brings to the judicial practice of many difficulties, such as laws and regulations of authorities and relevant organizations including authority and organization means what? The law is restricted to authorities or agencies and organizations are subject to the limit? In addition to the environmental pollution and the infringement case of consumer legitimate rights and interests of other types of cases whether can also serve as the court accepts the case scope of the civil public interest litigation? As a kind of new system and how to apply? And so on a series of problems still plagued by the judiciary and the theoretical circle. In this paper, a brief discussion in view of these questions hope was beneficial to the development of civil public interest litigation system in our country.This article first has carried on the outline of civil public interest litigation system, this paper introduces the definition of public interest and public interest litigation, and based on this, advances the concept and features of civil public interest litigation.Secondly introduces the Anglo-American law system and continental law system countries about the generalization of civil public interest litigation system and made a comparativeanalysis, summarize the beneficial experience hope our advantage.Again, civil public interest litigation system in our country’s present legislation and practice situation puts forward the existing problems such as litigation subject not clear, the range of accepting cases, lack of specific applicable program, etc.Finally, puts forward some perfecting Suggestions, aiming at the above problems, such as the actions to be subject to the procuratorial organs, administrative departments and individuals and the society to make certain restrictive conditions, gradually expand the scope of accepting cases of civil public interest litigation, determine the specific procedures shall apply.