The Integration Of The Civil And Administrative Public Interest Litigation

The separately legislative model of civil public interest litigation and administrative public interest litigation has been determined in our country. However, this model is not the most scientific and conducive to protecting the public interest and resolving the public interest litigation satisfactorily. Especially in the particular area of environmental protection, this problem is more and more prominent. Because tort as well as acts or omissions by administrative organs are usually mixed in most of the public interest litigation. In other words, civil public interest litigation and administrative public interest litigation are always attendant and closely linked in practice.The main contents of the integration of civil and administrative public interest litigation include the establishment of specialized agency which focus on the trial of civil and administrative public interest litigation cases as well as the construction of the special independent trial system of the public interest litigation. The integration of civil and administrative public interest litigation will undoubtedly solve many problems once and for all, as well as conform to the unity of litigation legal system and the inherent requirement of science. I believe that with giving full play to its own advantages and superiority, the creation of this model will greatly promote the healthy development of public interest litigation system in various fields in China.The first part mainly elaborate the connotation, feature, necessity and feasibility of the integration of civil and administrative public interest litigation. The second part is about the comparative analysis of the integration of civil and administrative public interest litigation in the United States and Germany which are the main representative countries of the two legal systems in the world, and on this basis, summarize the experience and enlightenment which are applicable and valuable for our country. The third part describes the present situation, problems and reasons of the integration of civil and administrative public interest litigation from the aspects of legislation and judicial practice. The fourthpart focuses on the most reasonable choice for the legislation model, the specific design of the legal rules and the accurate apply in legal practice to propose specific ideas for the establishment of the integration of civil and administrative public interest litigation. Which means that we can build a Integrated complex litigation model of civil and administrative public interest litigation by setting the special tribunal which is to focus on public interest litigation as well as applying unified special procedural litigation rules.The integrated complex litigation model of civil and administrative public interest litigation is intended to solve the problem of defendant's responsibility and as much as possible to provide a more comprehensive protection for the public interest by taking advantage of public and private law as well as applying a unified procedure. It is of great significance to the maximization of judicial efficiency, social benefits and the use of our judicial resources.