The Study On Construction Of The Cost Sharing In Public Interest Litigation

With the rapid development of commercial economy, more and more social public events which seriously infringe on the legal rights and interests of consumers as well as environment pollution have come. Public Interest Litigation has become a hot issue of the country. Along with the development of the public interest litigation system and people’s attention, the protection of the rights, the stability of the society as well as the judicial effectiveness are becoming more and more closed with the public interest litigation. Thus the public interest litigation is a more effective way to protect the public interest of the country and society. In the paper, we discuss about public interest litigation and civil litigation expenses, through combining with our national conditions and judicial practice, I suggest to do as after:the cost should be borne by the defendant> the nation and the plaintiff, then establish public interest litigation reward fund and transfer payment, which fits in with the concept of public interest litigation. I hope these measures can be helpful to the further development of public interest litigation in our country. More specifically, the paper is divided into five chapters.Chapter one is contents introduction. Analyzing the research background, research purpose research significance, and research status at home and abroad.Chapter two is the theory introduction of public interest litigation and public interest litigation cost. In this part, we mainly discuss two questions:one is to clear the legislation survey and connotation of public interest litigation. The other is the theory of public interest litigation cost. Concept is the so-called stated in advance, clearly defined concept is the premise we study a particular issue. So to clear the connotation of public interest litigation and public interest litigation cost is the foundation. Besides, through the analysis of the role of public interest litigation cost, we find it more necessary to discuss the construction of public interest litigation cost.Chapter three is the main problems in public interest litigation cost. First, there is a wide range and high cost in public interest litigation; second, litigation costs is not for free; third, there is a boundary in payment system of litigation cost. All these problems exist in public interest litigation made the actual effect of public interest litigation not obvious. The analysis of this chapter can provide this.Chapter four is the limitation of litigation cost used in public interest litigation. First of all, "losing party bares the litigation cost" when public interest litigation plaintiff lost is unfair. Secondly, in the second instance’who appeal who burden’is unreasonable. The analysis of this chapter is good and usefull for the construction of public interest litigation.Chapter five is the construction of public interest litigation. This is the core part of the article, based on the backgrounds of the litigation cost, I suggest to do as after: firstly, when public interest litigation plaintiff win the case, all the fees shall borne by the defendant, including attorney’s fees, meanwhile establish a reward fund; secondly, when public interest litigation plaintiff lose the case, public interest litigation cost shall borne by both the country and plaintiff. Appraisal cost, inspection cost and interpretation cost is borne by the country, legitimation fees is borne by plaintiff. While the attorney fees should share between proprietary capital account and insurance of litigation cost.