Study On The Civil Public Interest Litigation Prosecution Conditions In China

Civil public interest litigation prosecution conditions directly affect the parties can achieve the right of appeal, but also have a crucial impact on the real rights can be achieved and the public interest can be protected.Therefore the establishment of civil public interest litigation system is to provide for the maintenance of public interest and public order last line of defense. Now China’s "Civil Procedure Law" has the conditions for prosecution of civil public interest litigation makes provision.But there are also many deficiencies,the prosecution condition is too high may lead to an early pregnant just died of public interest litigation.So we take the combination of theory and practice,through the comparison of the civil public interest litigation should have meaning and the current state,analysis of the civil public interest litigation deeply. And put forward specific ideas on China’s civil public interest litigation prosecution conditions, in order to achieve the reconstruction of civil public interest litigation to prosecute conditions.The general provisions of this paper mainly studies the general provisions of the civil public interest litigation prosecution conditions.Take"What is civil public interest litigation prosecution requirement"- “why consummates our country civil public interest litigation prosecution conditions"-"how to improve our conditions for prosecution of civil public interest litigation" three-step gradually progressive way of writing.First of all, an overview of the civil public interest litigation and prosecution,focusing on the "civil public interest litigation" and "public interest litigation to prosecute conditions",conditions, compares the civil public interest litigation and civil prosecution conditions of private litigation prosecution conditions. Secondly, the civil public interest litigation in six representative countries of the two legal systems in the prosecution conditions,summed up the theoretical basis and practical experience in various countries, extracted respectively in terms of civil public interest litigation sued the essence of the parts.Then, from the two aspects of the legislative practice and judicial status with the civil public interest litigation in our country and analyzes the conditions for prosecution.Fourth, from the microscopic point of view of the civil public interest litigation in China at the present stage of the advantage.Focus on the analysis of the defects and the reasons for the existence of China’s civil public interest litigation conditions.Finally, focus on improving the conditions for prosecution of civil public interest litigation,and put forward the idea of a set of conditions for prosecution of civil public interest litigation.Including qualification of the parties, the case scope, the request of litigation, the prosecution evidence, pre-procedure, litigation costs,etc.