Research On The Rules Of Civil Public Interest Litigation Procedure

Since the principles of public interest litigation made in the "Civil Procedure Law" at fifty-fifth,the provisions of China’s civil public interest litigation system begin.Relevant special laws have been amended in their respective areas of adjustment.The introduction of the relevant judicial interpretation has also been refined in the operational level.But it is a pity that there are still some problems in the procedure of civil public interest litigation.Therefore,China’s civil public interest litigation system have not been established actually.On the basis of its object,the civil public interest litigation determines its significant difference in the lawsuit.Compared with the general civil litigation,there are mainly three differences: The subject of litigation.Firstly,the plaintiff is not specific.To solve this problem there is the litigation trust theory,so that the actual interests of the parties to the legal status as a plaintiff.And the plaintiff of civil public interest litigation must maintain the representation of public interest in the whole process of litigation.Followed by the judge in accordance with the authority to take a wider range of action.As an integral part of the state organs,the court inevitably needs to fulfill its obligation to safeguard the common interests of the community.Especially in the case of public interest investigation,.The court is expected to make a difference.Secondly,the litigation costs.The characteristics of public interest litigation determine the plaintiff’s balance of payments.If the plaintiff does not give the program a certain incentive,it is difficult to enhance the plaintiff’s desire to prosecute.The plaintiff of the civil public interest litigation can’t safeguard public interests in judicial means.To reduce the plaintiff’s litigation costs can be mainly from two aspects,to reduce the economic losses caused by the loss and to win a certain degree of material rewards.The third peculiarity is the specificity of execution.From the point of view of the realization of the purpose of civil public interest litigation,it is very important to protect the public interest.Generally speaking,the public interest disputing into the judicial process is accompanied by the failure of the relevant administrative departments.Therefore,in the course of the implementation of the information should be kept open,at any time on the implementation of the results of the evaluation,in order to timely adjustment to ensure that the public interest is effectively restored and achieved.This article from the civil public interest litigation and civil litigation,according to the various stages of the process of civil litigation procedure,mainly on the civil public interest litigation rules,parties and the applicable rules,and the burden of proof rules,the litigation cost burden mechanism and execution rules are described.The article is divided into seven parts:The first part is introduction.This paper introduces the background and the problems to be solved,as well as the theoretical and practical significance of the article.The second part describes the main difference between civil public interest litigation and general civil action.Through the division of the logical structure of the procedural rules.Then,it analyzes the assumptions,behavior patterns and the particularity of the legal consequences.In theory,it is relatively easy to distinguish what is the need of public interest under the complicated social conditions.The third part mainly expounds the rules of the civil public interest litigation.The rules of accepting cases are mainly embodied in three aspects: the supervisor,the jurisdiction and the prosecution.The main emphasis is on the supplement of civil public interest litigation.That is to say,the judicial solution is only a means to solve the public interest disputes,and it is the means of "the last line of defense".The main function of safeguarding the public interest is the need of the executive power of the administrative organs,only in the case of "government failure",it is only suitable for civil public interest litigation.Jurisdiction is the answer to the specific cases that the court should exercise the power of the state to safeguard the public interest.In order to facilitate the investigation and evidence the prosecution appeal,the relevant departments and organizations to coordinate with each other to work together,the level angle,under the jurisdiction of the civil public interest litigation jurisdiction and jurisdiction are described.In the civil litigation of public interest,the plaintiff’s specific conditions and the special types of claims are introduced.The fourth part discusses the relevant restrictions on the application of the party.Embodied in the restrictions on the right to dispose of the debate and the application of restrictions.Because the plaintiff of the civil public interest litigation is not the real entity,so it is necessary to restrict the mediation,reconciliation and admission.At the same time,because of the incomplete right to dispose of,in the exercise of the right to debate,will also be reflected.The fifth part is the special rules of proof and proof.The allocation of the burden of proof in civil public interest litigation and how to reduce the burden of proof in the civil public interest litigation are related to the justice and efficiency of litigation.The distribution of the burden of proof is mainly based on the theory of "the theory of the control of dangerous areas",and the distribution of the burden of proof in the civil public interest litigation.To reduce the standard of proof is mainly to analyze the three kinds of cases in which the evidence appears in the lawsuit,the proof is blocked,and the evidence is difficult to prove.The sixth part of the civil public interest litigation special cost burden mechanism.By reducing the plaintiff’s losing Chen,the plaintiff in favor of a certain material incentives,thereby changing the plaintiff involved in civil public interest litigation economic costs and income imbalances.To a certain extent,the plaintiff can be encouraged to carry out litigation,which is conducive to the positive exercise of the rights of litigation to safeguard social and public interests.The seventh part is the introduction of the special enforcement rules of civil public interest litigation.Mainly reflected in the court in accordance with the authority of the transfer of enforcement,the implementation of measures and methods to replace the selection and adjustment,as well as the implementation of the process of supervision and implementation of the results of several aspects of the notice.