Research In The Construction Of Civil Public Interest Litigation Proceedings In China

Given the frequency of cases involving violation of public interests, people are more and more tending to seek judicial relief. However, trial proceeding, the most important procedure in judicial relief, does not cause high attention in academia and in judicial practice field. Up to now, public interest lawsuits still apply traditional civil litigation proceedings. This not only causes inconvenience to judicial personnel and the parties concerned of the lawsuit, but also reduces the acceptability of the verdict. This thesis describes a preliminary construction of the basis of China’s public interest litigation trial procedure. The main contents of this paper are as follows:The first part is about the judicial procedure and the logic of construction. Judicial procedure is mainly concerned with the exercise of jurisdiction and litigation right. Because of the difference of the objects, different trial procedures make diverse allocation of the litigant right of suit and the jurisdiction of court. Constructing the trial procedure in accordance with the nature of the dispute, which is the object of the lawsuit, is the basic logic of the construction of civil public interest litigation proceedings.The second part mainly concerns the dilemma when public interest lawsuits apply traditional civil litigation proceedings. Due to the different nature of the dispute, the civil public interest litigation and the traditional litigation are suit for different trial mode. The basic structure of traditional litigation is “fight---decision”mode, while parties in civil public interest lawsuit gradually learn to deal with it from confrontation to cooperation. This difference caused a series of conflicts, and the resolving these conflicts is the direct purpose of the civil public interest litigation procedures construction.In regard to the third part, which mainly deals with the construction of the civil public interest litigation proceedings, is the central sector of this paper. The civil public interest litigation procedure is one kind of trial procedures, so it should also follow the constructional logic of trial proceedings. The concrete content of the construction mainly includes three aspects: the specific design of the litigious rights of the litigation parties; the specific design of the execution of jurisdiction of the court; and the res judicata of sentence after the civil public interest litigation. The core content of this article is the concrete construction of litigation right and jurisdiction and the author will carry on the detailed elaboration later.