The Construction Of Civil Public Interest Litigation System In China

After reading a lot of articles about civil public interest litigation, the author realized that China has already established the system of civil public interest litigation, and has been successfully operated in the field of environmental protection and consumer protection.In this paper, the introduction of the concept of civil public interest litigation, characteristics. Civil public interest litigation refers to the specific state organs and relevant organizations and individuals, according to the legal authority, the violation of the civil laws and regulations, violations of national interests, social interests or the interests of the specific interests of others, to the court, the court held the legal responsibility of live action. The plaintiff in the civil public interest litigation is not a specific person, the subject of litigation is subject to infringement or the public interest of the public interest, the direct purpose is to safeguard the public interest of the society. Civil public interest litigation is an effective way to protect public interests, and it is also the need to maintain public interests. The establishment of civil public interest litigation is the objective requirement of building a socialist country ruled by law and the need to save litigation resources and reduce costs. It provides a realistic way for the realization of socialist democracy and judicial protection. It is an important basis for ruling the country by law. It can greatly promote the realization of the rule of law. Civil public interest litigation originated in the United States after the Second World War, in the last century,90 years into China.China’s civil public interest litigation mainly in the "environmental protection law" and "Consumer Protection Act", in the judicial practice, environmental public interest litigation and consumer protection, public interest litigation has made a breakthrough, the procuratorial organs in the thirteen provinces, but overall, China’s public interest litigation system is relatively backward, the legal system is not perfect, resulting in a more serious conflict.In this paper, the United States, Britain, Germany, France and Japan and other foreign civil public interest litigation, the public interest litigation in the world of legislation and practice, it is worth learning from.This paper discusses the perfection of the civil public interest litigation in our country, because the civil public interest litigation in our country is still in the initial stage and need to perfect place many such as perfection of subject system, the new civil procedure law to have the right to bring the main body of the civil public interest litigation to determine:"relevant organs, social groups, but the concept of relevant authorities failed to clear, on the subject of action also contains only the organizations, organs and, not whether the clear individual citizens can file civil public interest litigation, to limit the scope of too narrow. I think we should also bring the citizen individual into the main body of the civil public interest litigation.In terms of the scope of the case, the current China can be included in the scope of civil public interest litigation cases are mainly environmental pollution and damage to natural resources, the case against the interests of consumers, anti monopoly and anti unfair competition cases and violations of state-owned assets and other four categories of cases. On the issue of jurisdiction, the court of the intermediate people’s court as the first instance of the civil public interest litigation is the first instance of the civil public interest litigation. In the region. Because of the nature of civil public interest litigation cases, the civil public interest litigation in China can refer to the civil procedure law in the area of regional relations, and the people’s Court of the people’s court shall be governed by the people’s Court of the place of tort or the defendant’s domicile. On the issue of the burden of proof, if the prosecution is the main body of the prosecution, it should bear the main burden of proof. If the social organization is the subject of prosecution, in this case, based on the plaintiffs collection of evidence and the limitations of the collection of evidence, the principle of the burden of proof should be established, in order to balance the power of the parties concerned.In litigation costs and consequences of litigation commitment, who insist on the prosecution who bear the principle, but the plaintiff if the prosecution, it should be exempt from litigation costs, if the prosecution loses, that by the state bear losing consequences. In preventing abuse of litigation, the implementation of the plaintiff qualification system, if necessary, the court held a hearing, the civil public interest litigation, the court should not be accepted.