The Theory Of Construction Of Legal System Of Civil Public Interest Litigation

In the process of China’s modernization, ecological environment destruction, themarket order disorder, social problems such as the waste of public resources hasalways been a shadow that Chinese society can’t get rid of. To achieve the goal oftransformation economic growth mode and realize the sustainable development ofresources and environment coordination, China must take public interests protectionas the primary goal. Public interest litigation as the judicial remedy of interests ofpublic intersets, has been an indispensable element in the process of our societydevelopment. Many countries have established public interest litigation system andbeen more mature in the development of nearly one century. In the latest revision ofthe civil procedure law in China, public interest lawsuit system has been introductedin procedure law system of China, and this is a big step of our country’s legislativeconcept. However, the rule of public interest litigation is simple, the definition ofpublic interest litigation and implementation rules are not clearly defined, whichcaused a mass of confusion to the judicial practice. For the future development ofpublic interest litigation in our country, a complete and detailed public interestlitigation system as backup is necessary. To construct public interest litigation systemwith Chinese characteristics, this article analysis the foreign idea of public interestlitigation legislation, the concrete exploration in theory、juridical practice in our country、the basement of national conditions, for the improvement of public intersetlawsuit system in the future,the author put forward legislative proposals of theindividual, so as to ease the severe situation of Chinese public interest lawsuit.In thisarticle, the concrete content is divided into four parts:The first part discusses the basic theory of public interest litigation system. Thispart expounds the concept and characteristics of public interest litigation，the briefhistory of status and the legislative mode of public interest litigation in developedcountries.Comparative analysis of public interest litigation legislation presentsituation of different countries, ponder over the future of Chinese public interestlitigation legislation.The second part expounds the necessity of public interest litigation system in ourcountry. This part mainly from analysing situations of public interest and publicinterest litigation situation in our country.Discussing the significance of the svalue ofpublic interest litigation in China.The third part discusses the future construction of public interest litigationsystem in our country, which is convert public interest litigation legislation fromprinciple provision to a specific prospects. By comparing the correspondinglegislation abroad, combining Chinese conditions, put forward rules of public interestlitigation plaintiff qualification, power allocation, the standard of litigation, theburden of proof allocation, mediate system, statute of limitations, expansion of courtdecesion.The fourth part is to analyze the proposed legislation social factors for promotingthe development of public interest litigation in our country. Based on analysis ofsocial factors that affecting public interest litigation, find out a new path to putforward the development of public interest litigation of our country.