The Research Of Functions Of The Civil Public Interest Litigation

The Civil public interest litigation in theory and practice has very import position,which is an umbrella of national interests and public interests.So the stand or fall of this system has very important influence on playing its proper role.There is a good criterion to Judge a system : whether the system can give full play to its function to solve the problems in current and future.Following the establishment of class action in the United States,other countries including china have also set up the similar civil litigation system to protect the interests of the public.One of the important breakthrough or contribution of our country's civil procedural law in 2012 is the establishment of the civil public interest litigation,which is reflected in the provision of article 55 of the civil procedural law.Although the system of each country has its own development,there are still some problems in each system,and the system needs further improvement.Especially the civil public interest litigation in our country has just been established,which is more from intuition of the theory researchers and relatively simple pragmatism values.In a nutshell,the lack of systematic study between the function,the scope,the trial mechanism and the subject of civil public interest litigation and other litigation,especially the representative litigation?s relationship leads to the ambiguity in theory and confusion in practice.In my opinion,the bottleneck problem in the theory of the civil public interest litigation is the function of the civil public interest litigation.The problem?s solving directly determines the scope and the subject of the public interest litigation.However,the confusion of understanding and solving other problems is because of the lack and the unscientific research of the civil public interest litigation.To this end,the author will study the function of the civil public interest litigation,and hope to be beneficial to the system and the practice of the civil public interest litigation.In addition to the two parts of introduction and the conclusion,the main content of this article is mainly composed of four parts.The first part explores the legislation status and goals of the civil public interest litigation and the influence on practice of our country.The second part introduces functions of the related lawsuit systems outside,and according to the legal system and legal tradition in China's own special cases to find out what can welearn.The third part analyzes when repositioning the functions of the civil public interest litigation we should pay attention to some problems,and then make the relocation of the functions of the civil public interest litigation in our country.At last,in order to make our civil public interest litigation theory more rich and in line with international standards,we should design the system again under the new functions of civil public interest litigation.The last part is the conclusion and prospect.I try to refocus the functions of civil public interest litigation through the research on countries all over the world: The relief of the state interests,the public interests and the interests of the victims is given priority,while the disciplinary punishment and deterrence is secondary.At the same time,I hope that the civil public interest litigation in our country will be further improved.