On The Perfect Of Civil Public Interest Litigation System In China

In January 1, 2013 the new “Civil Procedure Law “ was carried out. The Fifty-fifth item of the new” Civil Procedure Law ” is about the civil public interest litigation which has important significance for the establishment and development of China’s civil public interest litigation and create China’s first public interest litigation. However, the new law river the relevant provisions of the civil public interest litigation provisions are too simple, the judicial practice of civil litigation is still facing embarrassing situation, therefore, constructing and perfecting work still needs to be done. Based on the development status of the theory and practice of civil litigation system, author discusses the construction of civil public interest proceedings in China from four aspectsThe meaning of the first of all, the author starts from the definition of civil public interest litigation. The public interest, public interest litigation related concepts are defined, and the characteristics of civil public interest litigation system are summarized. Author definites the related concepts and summaries the civil public interest litigation system characteristics, in order to further to clear the connotation and extension of the concept of civil public interest litigation system in our country.Secondly, the civil public interest litigation system in our country and the civil litigation, administrative litigation and criminal litigation three litigation system for comparative analysis, summed up the civil public interest litigation system and the litigation system similarities and differences, to further clarify the civil public interest litigation system connotation, civil public interest litigation nature and function.Once again, analysis of the necessity and feasibility of the establishment of the civil public interest litigation in our country current. Public interest litigation system is not an accident, but with the status quo of China’s social development to adapt to. Through the necessity and feasibility of the establishment of the civil public interest litigation system in our country were analyzed, to further illustrate the urgency of the civil public interest litigation procedure to set up in our country at present.Finally, the author in the last chapter of this thesis with the large amount of space to discuss how to construct the civil public interest litigation procedure in our country. The author from the legislative mode of the civil public interest litigation, litigation subject, scope and jurisdiction of the court and other six aspects of the civil public interest litigation procedure construction and put forward suggestions for improvement.