The Scope Of Civil Public Interest Iitigation In China

Civil public interest litigation system to protect the public interest for the purpose, in August 31, 2012 through the new < < Civil Procedure Law > >fifty-fifth officially established the civil public interest litigation system, the system of the scope of the case and the community are expected to have a big gap.However, the civil public interest litigation system is very important to protect the public interest, improve the relief way of civil rights, and promote the rule of law. It is also an important way to protect citizens' right to participate in the national democratic management.According to the provisions of Article 55 of the civil law, the civil public interest litigation scope is defined standards to social and public interests, but cited by the scope is too narrow, to the legislation of other damage to the interests of the society and the public "and" reveal all the details, and the social public interests nor the defined standards, so for the case against the social and public interests, the no certain standard reference and are often excluded from outside the civil public interest litigation system.In this paper, the civil public interest litigation is an important way to protect the public interest, the concept of public interest litigation and the understanding of the public interest, the characteristics of the public interest.And through the relevant cases to reflect the operation status of civil public interest litigation in our country, and analyze the development status of civil public interest litigation, and contact the case and the civil public interest litigation in the judicial practice in the use of the analysis of its shortcomings, learn from the two legal system of civil public interest litigation in the case of the development of the status quo of the success. This article mainly consists of four parts:The first part, The connotation of civil public interest litigation case scope.This part of the first analysis of the meaning of public interest litigation, as well as the definition of public interest, and put forward their own understanding of the public interest and the characteristics of public interest, on this basis to discuss the scope of the civil public interest litigation.The second part, the domestic and foreign civil public interest litigation case scope of the status quo analysis.This part is an important part of this article, through the analysis of the civil public interest litigation in common law system and civil law system countries, the scope of civil public interest litigation is compared.Analysis of the scope of the civil public interest litigation in the scope of the legislation and the judicial status quo(through several cases to analyze the scope of civil public interest litigation in the judicial practice of the problem), and the scope of the civil public interest litigation in the development of the situation to make the appropriate assessment.The third part is the lack of the scope of the civil public interest litigation.This part is the difficult part of this article, which is based on the analysis of the current situation of the development of civil public interest litigation in our country.The fourth part, the civil public interest litigation in the scope of the proposal.This part is for the civil public interest litigation in the scope of the existing problems and put forward the corresponding improvement suggestions.