Study On The Authority Of Judges In Civil Public Interest Litigation

In the traditional civil private interest litigation,the normal litigation structure between the judge and the parties usually presents a special structure of isosceles triangle —— parties are opposite,is the two equal bottom angles of the triangle,the judge and the parties are equal distance,is the top angle of the triangle.That is,the two parties are equal in status and the judge is neutral.In modern civil public interest litigation,however,because the two sides often no longer "equal",litigation balance to some extent is broken,if the judge is still in the traditional neutral position or position,is not equal to the requirements of the parties,present the litigation structure is no longer the isosceles triangle structure.As a result,the nature of the program will change accordingly.Under the basic premise that it still belongs to the civil procedure,the judge must actively and timely adjust its authority in the civil public interest litigation cases to ensure that the judge and both parties still have the isosceles triangle structure.Based on this,judges actively exercise their powers and even expand their powers in civil public interest litigation.Their starting point can be basically attributed to to balance the litigation ability of both parties,so that the litigation structure presents a reasonable state on the whole.It should be emphasized that even in such circumstances,the disciplinary power of the parties should be fully respected and guaranteed,and the power of judges and their scope of expansion should be bounded by the inherent scope of judicial authority.However,how to reasonably position the relationship between the parties and the expansion of the judges’ powers,and how to accurately grasp the boundary of specific research,and there are different positions and practices in judicial practice.Therefore,it is necessary to clarify the positioning of judges’ functions and powers in civil public interest litigation,and emphasize the reasonable definition of the scope of functions and powers of judges in China under the framework of civil public interest litigation,so as to prevent the violation of the judicial boundary due to the pragmatism of safeguarding public interest.This article is divided into four parts.—— then analyzes the evolution process of judges’ authority from the particularity and reality of public interest litigation,And return to the theoretical basis and systematically analyze the legal principle of the judge’s authority positioning;Chapter 2 analyzes the current situation of the power of judges and the problems existing in the civil public interest litigation in China;Chapter III analyzes the relevant provisions of the functions of judges in the field of comparative law,To compare and summarize the similarities,differences and disadvantages,In order to combine the national conditions and judicial background,use by oneself;Chapter 4 makes suggestions and suggestions on improving the functions of judges in China’s civil public interest litigation from the substantive level and procedural level.