The nature and characteristics of public interest litigation

Beijing Taifu law firmXiao Taifu

Public interest litigation in American divided into group action, relator action, test case.[1] In Europe, there are public interest litigation similar

Said the group litigation, public law protection of private rights in the name of the British useful action, France has the ultra vires action, Germany has the representative litigation. In Japan, public interest litigation legal residents litigation, litigation of masses. Directly related to public interest litigation is the term public interest law. Public law is not an independent legal department, use this term to describe the object of public interest litigation protection, contains a broad domain, relates to the civil rights, civil liberties, women's rights, rights of consumer, environmental protection etc.. Public interest litigation is not an independent litigation form, it is a purpose of lawsuit as the base concept, aims to litigation activities described public interest lawyers, public interest groups. In foreign countries, public interest litigation is based on the concept of social justice, and will regard law as instrument of social change, in the public interest lawyers and public interest law group litigation activities for the main subject.

In our practical life, against the interests of the state, social public interests not in the minority. The right to relief, to protect the interests of the state and social public interests need to rely on public interest litigation remedy. However, public interest litigation theoretical preparation is very low. The definition and connotation of the public interest litigation, there are many kinds of argument, Public opinions are divergent. The author believes that public interest litigation refers to the relevant state organs, enterprises and institutions, social organizations and individual citizens, the infringement of national interests, collective interests, the social and public interests and public interest litigation activities of others, to correct and punish request the people's court. Public interest litigation, civil litigation, criminal litigation covers administrative litigation three litigation. Public interest litigation is not an independent litigation form, but on the victim belongs to the unspecific or even though the victim specific but difficult to organization and statistics, in order to protect the interests of the state, the collective interests, social public interest and other public interests will not be harmed or reduce the losses, by the relevant state organs, social organizations and individual citizens filed a civil action or administrative action.

On the mode of relief object and action of public prosecution, litigation, including public private prosecution, private prosecution, private private action, the first two is the public interest litigation.Compared with the private interest litigation,Public interest litigation dispute interests usually with public and collective, on behalf of the national interest, the collective interest and social public interest. Specific say,Public interest litigation has the characteristics as follows:

(a) the main objective of public interest litigation in order to safeguard the interests of the state, the collective interests, the social and public interests andOthers in public interest, safeguard the dignity of law and social justice, and non party to their own interests. Public interest litigation does not exclude the party to their own interests, but the main purpose is to safeguard the interests of the state, the collective interests, the social and public interests andOthers in public interest. The interests of the collective and collective ownership, common economy, community life, community based on the interests of the parties, including a number of specific public interests. Other public interests refer to other numbers do not include or there is no direct interests of the parties to the public interests of particular.

(two) the plaintiffs filed public interest litigation isThe relevant state organs, enterprises and institutions, social organizations and individual citizens,Can be a direct interest relationship with the people, can also be no direct interest relationship with the accused. The plaintiff only many domestic claims filed public interest litigation is a people's Procuratorate or the relevant state organs, including the people's Procuratorate, Some people advocate the individual citizens should also be the public welfare lawsuit parties. The author thinks, the plaintiff in public interest litigationShould include state organs, procuratorial organs, political parties, social organizations, enterprises and institutions, non-governmental organizations, law firms, lawyers, ordinary citizens. Procuratorial organs should become the national interests and social public interests of legal representative. Procuratorial organs can be used as the plaintiffs filed public interest litigation, can also be used as a "public support" to support the other main body of public interest suit, the loss of our country, to curb the increasingly serious state-owned assets public no proxy phenomenon is very necessary.Lawyers and ordinary citizens concerned about public welfare, public interest litigation behavior should be advocated energetically, encourage and support. In recent years the attention of the whole society, to promote the cause of many public interest cases of public interest, public welfare, is a lawyer and ordinary citizens "step forward bravely, draw a sword and render help". In addition, regardless of the government support, women's federations, Youth League, labor union, Federation of the disabled, or scientific research institutions, universities and commercial registration enterprises appeared in the form of various environmental protection organizations, cultural organizations, human rights organizations, should be addressed to the foreignNGOOrganizational learning, and constantly promote the development of public interest litigation.

(three) is not an independent litigation form of public interest litigation, criminal litigation, only field of civil litigation, administrative proceedings for the protection of public interest case category. Public welfare lawsuit filed by prosecutors in addition to special criminal prosecution, including the interests of the state, the collective interests, public interests and public interests of others all kinds of cases of civil litigation and administrative litigation protection. Public interest litigation, the defendant has the national authority, but also non state organs. Thus the public interest litigation includes not only the civil public interest litigation, including the administrative public welfare lawsuit is filed, the state organs and procuratorial organs of the litigation, there are ordinary citizens, the majority of lawyers and various non-governmental organization litigation.

(four) the public interest litigation form variety, both specific majority litigation, there is non - specific majority litigation. According to the European and American countries of public interest litigation experience, the author thinks, China's public interest litigation can be divided into group action, representative action, relator action. Group litigation is that although the number of victims of many cases but the number of victims in particular by all the victims and benefit. Representative litigation refers to the number of victims although specific but difficult to organize and statistics, or the number of victims is not specific, in part by the victim or the procuratorial organs as the representative litigation. Relator action refers to the victim is not clear or not specific, because the object of litigation and the defendant did not directly interested person suit.Informer cases including experimental cases and similar to the American legal Chong case,This part of the case involving little economic benefit, rely mainly on practicing lawyers and lawyers filed a lawsuit, without the legal professional support, this part of the case is very difficult to win.

Five.,Public interest litigation relief content, not just for damage compensation and the offender punishment, also includes requirements of company, enterprise and country to modify, change the related policy and the enterprise scale, or take effective measures to stop the infringement, avoid damage or expanded.In China, according to the object of action and the contents of the relief, public interest litigation cases mainly include the following:Civil and political rights cases, cases of loss of state assets, environmental tort cases, the quality of the products of infringement cases, against unfair competition cases, antitrust cases, employment discrimination cases, special interest groups to safeguard the case, infectious disease prevention and control cases, cases, safeguard the rights and interests of consumers of public services, the purchase of property expropriation cases of infringement cases, city housing demolition compensation cases, rural land expropriation compensation cases against the interests of small investors, the stock market the case against the interests of the company, company executives case.

Six.The plaintiffs filed public interest litigation through after winning, in addition toSince theWas against the interests of the relief, but also can get the society and the state of some kind of encourage and reward.The biggest characteristic of public interest litigation is filed public interest litigation, the plaintiff is not designed for their own interests, but mainly to fight for social welfare and public welfare. If many public interest litigation case in China today to express anger or the famous words, foreign litigation is able to bring economic benefits to the successful plaintiff.Engaged in the activities of public interest litigation, can only give vent to the atmosphere and famous in the world is not enough, to be accepted by the society, the status of industry upgrading, the political status of the pass is also essential in encouraging, access to certain economic compensation is universal and eternal power.The author thinks, according to the actual situation of the Chinese, through the public welfare lawsuit win, in addition to litigation costs and legal fees to be borne by the defendant, should also obtain the economic compensation20%Labor remuneration, if involved in supporting the procuratorial organs, can obtain the economic compensation10%Labor remuneration. The public welfare lawsuit filed by procuratorial organs or participate in support, the procuratorial organs can gain economic compensation10%Subsidies. Public interest litigation to obtain financial compensation deduction of costs, legal fees, labor remuneration, financial subsidies, added to the specific most people, no specific majority, turned over to the state treasury.