Research On Civil Public Interest Litigation For Citizens

Since reform and opening up, with the gradual establishment and improvement of the socialist market economy in China, industrialization, urbanization development process continues to accelerate, the level of economic development and People’s living standards are also increasing. Market this "invisible hand" in optimizing the allocation of resources and promote economic development in terms of its own advantages. However, with this is accompanied by the market economy, the defect is exposed in an unprecedented look before us. Under the condition of market economy, market subject unlimited chase profit nature lead to some, such as serious environmental pollution, against the behavior of many consumers legitimate rights and interests, monopoly and unfair competition behavior, food safety incidents, such as the improper damage the social public interests.In sharp contrast to the increasingly severe and frequent damage to public interests, the public interest litigation system, which is the most important way to protect the public interest,has not been established in China. This makes those against the social and public interests of the offenders with impunity, intensified; also makes those keen to public welfare undertakings and has a good sense of legal organs, organizations and citizens subject to procedural issues, effective way to relief of litigation rights cannot be started and in an awkward position. Until 2012 new revision of the People’s Republic of China Civil Procedure Law set the provisions about the civil public interest litigation, this revision is a breakthrough of the traditional theory of the party, fill the gaps in the law of civil litigation in China, but the general list of legislative model in the face of the complicated and frequent infringement of the social public interest case pale and lack of operability. In order to protect social public interests and carry out the civil public interest litigation system, in the newly revised law department such as "in the People’s Republic of China Environmental Protection Law" "People’s Republic of China consumer rights and interests protection law" and relevant judicial interpretation further refinement of the civil public interest litigation system in cases of environmental pollution and damage many of the rights and interests of consumers in the case of operating specifications. This is clearly means a good news to every citizen’s own interests that is closely related to the social and public interests protection,development of the litigation law is the inevitable trend is the proper meaning of building a socialist country ruled by law.However, as the "Civil Procedure Law" of the basic law, the plaintiff qualification of the civil public interest litigation is only awarded "the organ and the relevant organization", but it has neglected the citizens’ qualification of the plaintiff. Related departments and judicial interpretation of the specific implementation of the basic law to refine and expand the interpretation, and can not be the plaintiff qualification of civil public interest litigation to citizens. This makes the authority of law in local economic interests of the pros and cons weigh administrative omission, organizations in the legal provisions of the lack of motivation or lack of ability, social public interests still face because there is no proper plaintiff and unable to obtain the dilemma of judicial relief.In this paper, based on the analysis of civil public interest litigation related concepts and features, from the citizen participation and management of state affairs rights protection,cultivate strong powerful tools of atmosphere governed by law, the power restriction and supervision, social problems and formulate good policies in four areas in a given the rationality of the plaintiff qualification of civil public interest litigation. Through the investigation of the state of the United States, India, Japan and other civil public interest litigation system was established earlier analysis, combined with China’s national conditions and summed up the factors worth learning, and from the plaintiff qualification given, conditions, scope of the case,jurisdiction, burden of proof, litigation prosecution request type, the cost of litigation and the validity in judgment to construct the civil public interest litigation system in our country.