Research On Compensation Of The Civil Public Interest Litigation

At present,many civil public interest litigation cases in our country appear the claim of " damages",although some scholars deny the claim of " damages" in it.In terms of the relevant practice and development trend,damages of civil public interest litigation already exists and has the rationality of existence.The ownership and utilization of compensation as a relatively important practical problem,related to the benefits of civil public interest litigation,also need to further standardize the system.The problems can not be standardized according to the traditional civil procedure system,because civil public interest litigation has its unique nature,and its protection of interests is different from the general private interests,but a kind of overall interests involving unspecified majority.Some civil public interest litigation cases will also involve the interests of private interests actually damaged,at this time,it can bear some private interests protection responsibility in the form of " big lawsuit",to remedy the private interests loss caused by the same infringement.The particularity of the interest subjects involved in the compensation for civil public interest litigation determines that the compensation can not be attributed to the plaintiff,according to the traditional civil procedure rules.But it should be based on the case type to establish a special fund special system or the establishment of public interest foundation;In addition,the management,use and supervision of this part of the funds should be standardized in accordance with the principles of reasonable and lawful,benefit and all-round supervision.For the burden of the plaintiff's litigation costs,the court should be different depending on the plaintiff type,and according to the facts of the case to judge the plaintiff's relevant claims,or discretionary relief litigation costs,etc.It is of great practical significance to establish and develop the civil public interest litigation system in our country to study the civil public interest litigation by selecting the " compensation" as the breakthrough point in the civil public interest litigation,to explore its legal basis and to clarify its value orientation.