The Activation Of Civil Public Interest Litigation System In Our Country

The reform and opening-up policy accelerates the development of the socialist market economy which causes a plenty of social problems at the same time,such as the public events of the loss of national assets,Sanlu milk powder,Sudan red,swill-cooked dirty oil,haze and water pollution.The current civil procedure law has already been unable to solve these complex civil disputes,which threats the national and public interest seriously.In order to protect the public interest,our nation amended the civil procedural law by adding the public interest litigation system,which works out the embarrassment of judging the public interest litigation without legal basis.Actually,before the amendment of legal procedural law,our nation’s juridical practices have explored the public interest litigation already.But it is difficult to register and win a lawsuit without law basis.People expected the public interest litigation system will develop in a bright way with the law basis,On the contrary,it triggers more problems as well.Scholastics circle has put great emphasis on the lawsuit qualification,procedure construction and legislative suggestions,ignoring the research of how to motivate qualified lawsuit subject to use the public interest litigation system in current situation of legislation.This paper will solve this problem in the angle of relative subject of public interest litigation under this current situation of legislation.This paper will be divided into five parts.In the first part,the paper analyzes the current legislative situation of public interest litigation.According the purpose of legislation,the qualified subject should be the institutions and organizations stipulated by law clearly.But there isn’t any law stipulating which kind of institutions and organizations is qualified except law on Protection of the Rights and Interest of Consumers and Environmental Protection Act.In the second part,this paper analyzes comparatively the juridical practice before and after the legislation of civil public interest litigation system,finding the degeneration of juridical practice:the state organs slacked down the enthusiasm,the social organization failed repeatedly,citizen lost the litigant status and even the judicators---the people’s court are negative.In the third part,this paper analyzes the reasons of the negative reactions of all parts in the public interest litigation.Procuratorial organs are enslaved to local government due to the flaw of management system,preferring legal supervision to being the plaintiff of the litigation.The executive branch is not willing to institute the litigation due to its executive functions.Social organizations with hale-office nature dare not to institute litigation due to their close relationship with local government.NGO want to the litigation but do not have enough power.Citizens who are enthusiastic to institute the litigation are not qualified.In the forth part,this paper analyzes people’s court lacks motivation due to the deficiency of legislation and juridical practice.In the fifth part,this paper gives the perfecting suggestions to the existing problems in the subjects in civil public interest litigation in the hope of motivating their enthusiasm to participate in the civil public interest litigation.