Reflections On Public Interest Litigation System

With the rapid development of China’s socialist market economy, economic exchanges occurs increasingly, various amounts of welfare crisis comes one after another, such as Liu v. China Mobile Changsha Company Flow cleared Overlord Terms events, Huangpu River dead pig incident, "PM2.5"and the haze events troubled cities, untyped social disputes are emerging. For these violations of the public interests of the new issue.The law should provide ways and means to solute these problems, but not rejected these cases in the name of they do not belong to the jurisdiction of the court or not in the scope of the case should be accepted. Most of the traditional litigation system is designed based on the maintenance of private interest, litigation philosophy and its most one-sided form of litigation concerns while ignoring the benefits of the public interest in the private interest. With our social development,our law also requires progress with the times, otherwise the arrangement will not necessarily meet the evolving needs of the society and the judicial practice. The public interest litigation as a new form of litigation in front of people responds to the needs of this community. The fifth clause of the newly 2012 revised " Civil Procedure Law" formulates as such: for the behaviors of harming the public interest and the behaviors of polluting of the environment, the agencies authorized by law and the relevanted organizations can bring a lawsuit to the people’s court. "This is a recognized academic regulations on civil public interest litigation system in China. Prior to the amend of the Civil Procedure Law, the academic discussion of public interest litigation has been quite thorough.The modify of the Civil Procedure Law fully absorbed the results of these academic discussion, which marks the initially establishment of the public interest litigation procedure and which reacts of the spirit of progessing together with time of the amendment of the Civil Procedure Law. It reflecting the progress of the Civil Procedure Law. Of course, the Civil Procedure Law Amendment is only a public interest litigation provisions which initially established our public interest litigation procedures, which needs to be perfect. In this article, the author is thinking about the meaning of the public interest litigation and concept, he attempts to give some meaningful recommendations which builts the base of comparing with the public interest litigation system of foreign countries and analyzing some issues of our country’public interest litigation system.