A Study On The Scope Of Civil Public Interest Litigation

The problem of building a civil public interest litigation system in China has always been a hot topic in academia.In 2012 the revision of the Civil Procedure Law established the civil public interest litigation system,after which the academic research has become increasingly deep and refined.However,the scope of civil public interest litigation,especially the objective range of research has been walking in the concept of analysis of the old road,and such research is often unable to draw a clear scientific conclusion due to the inherent uncertainty of the notions like public interest and public interest litigation.In the judicial practice,because the legislation of civil public interest litigation scope is too narrow,it hinders the progress and development of judicial practice of civil public interest litigation in our country.This paper jumps out from the traditional inertia thinking,and chooses from the civil public interest litigation system to start the legislative purpose,combined with the practice of what kind of case through the civil public interest litigation approach to achieve the maintenance of public interest and disciplinary public interest damage behavior.From the basic concept for the starting point of thinking,this paper fully analyzed the scope of civil public interest litigation related academic and practical situation to find the problem.The paper studies the scope of the relevant litigation system abroad,especially selects the respective representative systems of the two legal systems,and analyzes the dynamic trend of the extraterritorial system to show its dynamic development trend,to analyze the objective state of civil public interest in China,and to analyze the typical cases of civil public interest litigation in our country.Through the multidisciplinary analysis of academic and practice at home and abroad,we can draw the conclusion from the legislative form to the content perfect,and provide the train of thought and guideline for the further construct.