On Instituting Public Interest Litigation By Social Organizations

In China, with the rapid social development and gradually raise the public awareness of rights, involved in civil cases of the public interest to continue to increase in recent years. The Civil Procedure Law regulates Public Interest Litigation. However, the system of Public Interest Litigation is not perfect.This paper reviews and analyzes domestic and international theory and practice of instituting public interest litigation by social organizations, discussing the specific content and the system construction of instituting public interest litigation by social organizations.The first chapter is an overview of the Public Interest Litigation and Social organizations, discusses the concepts and characteristics of Public Interest Litigation and Social organizations, and the basic theories of civil public interest litigation plaintiff qualification of social organizations. And social organizations have some advantages and plays an important role in instituting public interest litigation.The second chapter discusses the relevant provisions of this question and practice of the common law and civil law countries. Mainly analyzes the plaintiff qualification of social organizations, the scope of case by social organizations, and the prerequisite for the social organizations filed public interest litigation procedures.The last part including the status of legislation and practice, and analysis obstacles and problems of instituting public interest litigation by social organizations.And to perfect the system of instituting public interest litigation by social organizations. The part gives some advice, mainly from the legislation perfect, social organizations perfect, and security system perfect.