| The establishment of a civil public interest litigation has broken restricts of traditional “Theory of interested parties” and “Sentence just ruling and constrain parties of the lawsuit”. But the argument of public interest litigation and the concept of it never stop. Questions like who is the suitable representative of public interest and which department of government or NCO should take the responsibility to be the plaintiff of such cases. Those problems have been bothering the development of civil public interest litigation. Compared with the year of 2011 and 2012, since the new civil procedure law practiced on January, 1, 2013, case volume and win-rate has dramatically decreased. There are plenty of reasons for this phenomenon and the main one is that the provisions of civil public interest litigation system are way too simple and obscure. Although the “Supreme People’s Court on the Application of ?People’s Republic of China Civil Procedure Law and the Judicial Interpretation?”promulgated the content of the civil public interest litigation, it’s mainly about the mechanism of public interest litigation procedures, so that the law can not completely solve the realistic predicament of the civil public interest litigation and theoretical problem. According to provision of article 55, firstly restricting citizen?s public litigation right can definitely cause negative influence; secondly, the obscure definitions of “state organs and organizations concerned” directly make the subject of litigation within “legal provisions” cannot legally exercise public litigation rights, and “difficult to place on file” is one of its manifestation; thirdly, obscurity has offered too much space for judge?s judicial discretion and illegal interference from other factors, which also leads to bad quality of handling case and lack of judicial justice. In consequence, only China?s civil public interest litigation system got further improved, public interest can be safeguarded. |
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