A Study On The Build-up And Improvement Of Civil Public Interest Litigation System In Our Country

Civil public interest litigation refers to action against acts impairing public interest byrelevant organizations, social groups and individuals. Hence, a great number of suchactions fizzled out due to the lack of complete legislation which brought the widely publicappeal for the build-up of civil public interest litigation system. As one of the highlights ofthe Amendment to the Civil Procedure Law of the People’s Republic of China, action forpublic interest was firstly noted by legislation. But lots of substantial and procedureproblems popped up for the ambiguity of legislation which makes the probe on thebuild-up and improvement a necessity. Start with basic theory study, together with abroadreferences and judicial practices, this paper would offer some envisions on theimprovement of relevant domestic system.The author would study the civil public interest litigation system from four aspectswhich divide the thesis into four parts as follows:Part1: to define and analyze public interest and present the history and basic conceptof public interest litigation system, also distinguish civil public interest litigation system.Part2: to make comparative study on legislative status of public interest litigationsystem in China and other countries.Part3: to analyze the stern situation of our civil public interest litigation and state theimportance of perfecting such system.Part4：to make suggestions for further improvement from the perspective of scope ofactions, subject of actions, jurisdictions, distribution of burden of proof, litigation costs andexpansion of res judicata.