The Social Value Of Public Interest Litigation

Public interest litigation is a new type of litigation, takes its name from the Roman law, it is to show ordinary citizens, groups or national authority to protect the interests of the state, social and public interests and collection of no particular majority interest and litigation. The public welfare lawsuit the biggest characteristics are the purpose of the litigation purely personal interest, "not directly interested party" can in order to maintain the public interest and in their own name a lawsuit. Although in our country is still no public interest litigation special legislation, but the emergence of a litigation system, to make up for the public benefit protection of China's laws on the blank.Public interest litigation is get scholars and all circles of the society universal attention, first, because it is a new type of litigation, makes up for in lawsuit, legal provisions of the previous traditional litigation insufficient, more important is in many value, public interest litigation social value most can obviously reflects the interests of law . This article from the social value, the litigious value and the value of the public welfare lawsuit related value concept and characteristic are analyzed and summed up, which extended out the social value of the public welfare lawsuit. The public welfare lawsuit social value can have two kinds: one kind is social understanding to the public welfare lawsuit demand and the public welfare lawsuit on social actual effect. Another kind is composed of society as the demand for public interest litigation to the public welfare lawsuit and actual effect. Explore the social value of the public welfare lawsuit litigation system, should be in practice development status to analyze, first is the public welfare lawsuit legal practice value, public interest litigation is the rule of law, perfect the foundation of our existing procedural law, help establish judicial authority, and embodies judicial initiative to improve citizen legal awareness of self-consciousness. Second is the public welfare lawsuit social practical value. The emergence of a litigation system to safeguard human rights, guarantee of human rights is the core values of the public welfare lawsuit and soul. Through the public interest litigation, help to improve the quality and vulnerable citizens, and steadily promoting ability to participate in all sectors of the right balance and interests balance, so as to better safeguard social order, and will all concerned to solve the conflicts of interest one-time, effectively resolve the dispute, improve efficiency, to promote harmonious. Reasonable litigation system can be designed to provide adequate for social welfare valid law relief way. In our country, the protection of the public welfare lawsuit, whether from the legislation or from system designs are not perfect. In theory and in practice, there are many loopholes. In the public interesting , formed a legal blank and institutional gap to protect dimension. Protection of public interest litigation actions often because not law-based but in succession in defeat. How to perfect the existing public litigation system, and construct the rational model of litigation, let the public welfare lawsuit social value play out, for public interest litigation's development contribute, is the content of the paper mainly discussed.