The Judicial Remedy Of Commonweal Interest

Nowadays, China is in the period of changing, and the social life becomes more complicated. The interests' relationships multiplied, and then the damage to commonweal emerges. Since now, only the administrative means are used to control the phenomenon which haven't met the expected effects and even make it worse. However, judicial approach, namely, the Civil Commonweal Legal System, which some foreign countries apply to stop the phenomenon of the damage to commonweal, gain prominent effects. Therefore, it is necessary for our country to take it for reference.This thesis begins with the concept of "interest" to introduce the concept of "commonweal", and then puts forward and discusses the meaning of commonweal litigation. . On this basis, this thesis generalizes the connotation of the Civil Commonweal litigation, and accordingly clarifies the eight characteristics of it to give people a more comprehensive understanding on it.In order to have an overall view about the foreign commonweal procedure, this thesis gives a comparative description of the typical examples between the English-American legal system (U.K. and U.S.) and the continental legal system (Germany, France and Japan), and analyses the situation of Commonweal litigation in China, which aims to point out the weakness of Chinese lawmaking in this area.Now that the traditional conception of civil procedure fails in supporting the theory basis for the construction of civil commonweal procedure system, this thesis develops the traditional civil procedure theory from four aspects, they are the procedural power studies from the overall and macro aspect, the studies of procedural power from the specific and micro aspect, namely, the litigant subject theory, the procedure interest theory, the judge theory and the procedure guaranteeing aspects.At last, this thesis offers the specific future construction of the civil commonweal procedure system. First part is the discussion of the importance and the practicality of system construction; second part is the scope of the civil commonweal procedure system and then...