A Study On Public Interest Action

These years, public interest action has being hot issue in society, but deserved attention has not been paid about it by scholars especialy civil action scholars in our county. Frankly speaking, the research on public interest action is very weak . In order to cast a brick to attract jade , this article intends to a preliminary research on public interest action and its relevant questions.This paper is divided into three parts:introduction, body and conclusion. The introduction mainly outlines social, political, and economical background from which public interest action emerges and the level of research, at the same time , explains how the author wages this paper. In morden society , mass problems emerging , soceity's introspection to classical principal, adoring to wellfare county and so on, with the co ?function of these factors, public interest action steps onto stage from backstage . In order to make law reflect reality and promote society' s progress, we need go on a deepgoing research. The body includes five sections. The first section discusses public interest action's conception and characateris-tic. Public interest is regarded as non - special, mass , diffused interest and general value, so public interest action is civil action which aims at protecting such interest . Public interest action's main task is protecting public interest, but in suit there is serious off - balance between paties and some critical proofs are kept in plantiff's hands, in view of maintaining balance, it is necessary to the court to intervene action actively in proper time. The paties may also advance applications which go beyond private interest. The second section holds that public interest action can rehabilitate basical function of triditional civil action, create new rights and formsocial public plicy. On the base of description the concrete patterns of public interest action , the third section sums up the mechanism of public interest action which declares how public interest action move. Class action , orgnization action , relator action and mass action are concrete patterns of public interest action.Public interest action's effective motion depends on some factors, such as the ideological trend of wellfare county, lawey's pleading for public interest, the private's active participation and relevant system' s coordination. The fourth section mainly discusses the intense relationship bewteen triditional civil action and public interest action and how to alleviate this intension. Public interest action conflicts in varying degrees with party stangding, subjiective limits of res judication and proceedual safeguard etc. in triditional civil action theories . If we establish public interest action , we must explain new theory in view of constitution law and proceedual law. The fifth section forecasts the prospect of our county' s public interest action . Learning foreign experience and caring about ours situation , we shoud create orgnization action, prosecutor action and innovate representive action. In the conclusion, the author expresses optimistic and prudent attitude to our's public interest action.