Analysis On Civil Public Interest Litigation System In Our Country

Article 55 of the civil procedure law after the modification in 2012 has established the civil public interest litigation system, but because only the provisions of the civil public interest litigation plaintiffs subject qualification and scope of cases, much public debate, also for many scholars. In 2015, the supreme people’s court have issued the judicial interpretation while enrich the civil public interest litigation procedure rules, but there are still many issues in the practice.This article through the introduction of the characteristics of civil public interest litigation, significance, and the development of civil public interest litigation in our country, to illustrate the legislation of civil public interest litigation purpose and current legislation is still in the exploratory stage in our country.Article 55 of the civil procedure law after the modification has established the civil public interest litigation system, but in the practice of the plaintiffs subject qualification review, still lead to problems such as difficult against applicable law conflict. V. explain the supreme people’s court of the people "and" environmental public interest litigation explanation "although solved part of the legacy of article 55 of the civil procedure law, but in the process there are still many issues affect the proceeding smoothly. Such as filing stage "prima facie evidence of the" hard to grasp, the trial proof standard is high, the evidence preservation is difficult and other proceedings regulations, poor operational problems.However, lack of legislation, to change the status quo through perfecting legislation, so we have to pass legislation in the given to the discretion of the judge, and put forward the judge should implement the functions of social and public interests in the judicial, under the condition of without violating the existing legal provisions, many aspects play a role of the judge make up for a lack of legislation, practice situation. Simultaneously, put forward to perfect legislation in the future should be clear when the function orientation of civil public interest litigation, according to the different civil public interest litigation the plaintiff main body respectively establish different patterns, keep the existing institutions, give full play to the administrative organ and the function of procuratorial organ in civil public interest litigation. At the same time, more to other organizations or individual citizens filed a civil public interest litigation support, set up the supporting system.