Current Situation And Improvement Of Public Interest Litigation

Public interest litigation, as a kind of peaceful social movement way, is gradually accepted and recognition by more and more people in China.Public interest litigation is the social development to a certain stage of a self adjusting and self improvement of legal means and way,it adjusts the relationship among the government,the court and civil main body through social peace movement way to popularize the fairness and justice,safeguard and the realization of human rights, it can avoid the officer against the people by the mass incidents, massive violence and radical political movement.Public interest litigation is a complicated and huge systematic project,it is different from before, relying on a file or the government to solve the contradiction, it is also different from before, relying on violence or threat to resolve disputes,but it find and solve social disputes and contradictions by means of using the judicial process,and have universal binding force to similar cases,this means that we should obey the rules of governance, rather than the rule of power.We should see the value and significance of the public interest litigation rightly,change fundamentally and open our guiding ideology to avoid ranking, the influence of the administrative idea,can’t make the mistake of thinking that the government can not be lost, and artificially suppress civil filed a public interest litigation,or can’t use state violence in the name of stability.We can’t utilitarian think it is a temporary way of solving a social problem,but should put it in the process of the development of social history.Because it is historically inevitable, the ways and methods of realization of democracy and the rule of law,is also the need of social development and progress and conditions,it’s not can be put off subjectively.Public interest litigation system to the legislative level, and then realize the systematic, practical, can really fight for public welfare, is desirable, but also to the inevitable trend of historical development.But for public interest litigation in our country reality practice, in the legislative and judicial level, the public welfare lawsuit also faces many problems need to be solved.On legislation, public interest litigation system in our country have been faced with obstacles from some departments.Some administrative organs to be involved in the discussion about the public welfare lawsuit legislation, not just hope I can get the public welfare law suit main body qualifications, but also opposed to empower ordinary citizens and social organizations, groups can lift the qualifications and rights of public welfare lawsuit.For the legislation of public interest litigation in China, we are taking a more open way, and balance the various interests and factors, worthy of our thought. At the judicial level, China’s public interest litigation system is the main challenge, is the attitude of judicial organs and as. We are looking forward to have in the future the system support, the judicial organs to promote and practice the spirit of justice for the people and activist,With more active, positive attitude to participate in the public interest litigation in our country, the damage to the behavior of public interest, to make correct or sanctions, in a timely and effective manner,in order to protect the rights of our citizens and the public interest.