On The Position Of The Public Interest Litigation Powers Of The Court

The current civil public interest litigation framework is based on the court power structure of private litigation.The litigation authority of the courts surrounding the protection of private interests can not effectively realize the purpose of public interest litigation litigation.The conflict between public welfare and private value and the unrelated trial mode seriously affect the development of public interest litigation.The position of the court in public interest litigation is not only the key to solve the above problems,but also for the court how to hear cases of public interest litigation to provide guidance,reference.Based on the concept of public interest,this paper introduces the characteristics of public interest and the connotation of public interest in the use of public interest in domestic law,and then extends to the field of public interest litigation.Through the understanding of public interest litigation reconstructing the basic framework of public interest litigation.Secondly,based on the analysis of the concept of civil public interest litigation as an entry point,this paper analyzes the theoretical basis of civil public interest litigation and analyzes the compatibility of the three litigation modes such as authoritarianism,partyism and synergetics with civil public interest litigation appropriate litigation structure.Furthermore,through the analysis of the contents and methods of the court review and its deep-seated reasons and drawbacks,the author analyzes the real state of the control of public interest litigation and analyzes and tries to show the court public interest litigation based on the two principles of procedural justice and prevention of abuse start the state of control.Then,it discusses the reasonable limit of the procedural matters and the substantive matters in the different public welfare areas,which are the different rights of the court.Finally,based on the elasticity analysis of the principle of public interest litigation,this paper explores the limits of power of the court on the scope of the review of the parties in terms of time,announcement procedures and review standards.