公益诉讼制度研究民事诉讼法专业论文.docx

PAGE PAGE III 公益诉讼制度研究 英文摘要 Study on Public Interest Litigation Abstract According to the situation in juridical practice, public interest litigation was written into civil procedural law first time. I think the most important thing is that it’s helpful to protect the social and public interests through judicial procedure and judicial power. As is known to all, it often happens that the public interests is hurt in many fields, especially in the field of environment protection and the rights of consumers protection. So it’s a big problem that people ask strongly. The public interest litigation system has advantages in protecting social and public interests. Because its’ characteristic is that the one who sues is not the one who has stakes with the claim directly. Stipulated in the civil procedure law, The plaintiff must have a direct stakes to the case. In the case of damaging the public interests, the owner of interests is not specific. Protection of public interests is restricted, if there is no provisions on public interest litigation. For example, in the case of environmental pollution, the owner of the interests of the environment is not specific. Specific individual can’t maintain the public interest because there are no rules. So the modification of the civil procedural law is very meaningful. But at the same time, someone came up with the view that the rules on the plaintiff of public interest litigation are obscure. From the relevant provisions of the civil procedure law, there are two types of subjects ruled. One is the offices fitted by laws, the other is organizations related. In fact, we still have room for interpretation to how to understand the offices fitted by laws and the organizations related. Through Analysis of the intention of the legislators in using the fuzzy definition, we can know that the lawmaker will determine the offices in specialized laws, for example, the article 90 of Marine Environmental Protection Law. So the special laws such a