The Research On Difficult Questions Of Public Interest Litigation In Civil Prosecution

The civil procedure law amended in2012in response to a largenumber of experts and scholars appeal, the public interest litigation as anew system to be established. However, in reality, a lot of public interestlitigation is blocked outside the court proceedings. The study and solvethe difficult problem of public interest litigation to prosecute publicinterest litigation on the development of great significance, so this articlefrom the four parts of the public interest litigation prosecution difficultissues were studied and analyzed.The first chapter overview public interest litigation. Firstly, the basiccontent of public interest litigation, the object of this paper is to clear thecitizens, public interest groups filed a civil lawsuit, making discussionmore targeted. Secondly, it analyzes the status of public interest litigationprosecution, courts rarely public interest litigation, public interestlitigation cases is difficult because the door into the court, the prosecutionpresented the difficult characteristics.The second chapter is the analysis of the public interest litigationcases are facing charges of embarrassing, mainly because thecharacteristics of such cases is new type, group, sensitivity. From thecurrent judicial environment, public interest litigation is difficult for thecourt, there are reasons: case scope and plaintiff legal fuzzy; public interest litigation mode of China’s more conservative court for justice; orlimited capacity or to avoid risks and adopt a prudent policy of our law;not yet established the concept of judicial final settlement.The third chapter is a comparative study of the law to prosecutepublic interest litigation, prosecution for the following public interestlitigation is difficult to put forward countermeasures for reference. Oneach of the United States, Germany, Japan, Britain, India and othercountries public interest litigation legislation and judicial practice wereinvestigated, and finally to evaluate the characteristics of the foreignpresence in the public interest litigation prosecutions: a liberal idea; loosesue; rich single line regulations; advanced protection mechanism.The fourth chapter is a public interest litigation Countermeasuresagainst prosecution difficult issues raised. One is to establish the conceptof justice from the final settlement of the principle; Second, the specificmeasures to accelerate the introduction of relevant judicial interpretationsand a single law; gradually liberalized eligibility prosecution of citizensin public interest litigation; give relief to protect the public interestlitigation indicted ways; strengthen filing for business training of judges,judicial initiative into full play.