Study On Establishment Of Pre-Procedure Of Civil Public Interest Litigation

With the rapid social-economic development, the traditional mechanical litigation concept has generated irreconcilable conflicts between remedial system for disputes in modern society. For the urgent need to protect the public interest, civil public interest litigation system in China came into being. The "Judicial Interpretation of Civil Procedure Law" implemented in February 2015 has set up a specific chapter for public interest litigation, which makes various procedural requirements in trial proceedings, due to the huge differences from general civil litigation. In China, many scholars have an in-depth research and analysis of the connotation of civil public interest litigation, the scope of the cases, litigation modes and other issues, but few are from a procedural point of the pre-procedure of public interest litigation in a systematical manner. The establishment of the pre-procedure of public interest litigation has great influence on facilitating the utility of public interest litigation of China at current stage, which is a problem to be solved during operating. This thesis would start from the basic theory of building the pre-procedure of public interest litigation; define the definition of pre-procedure of civil public interest litigation; summarize the characteristics of pre-procedure of civil public interest litigation; analyses the rationality and feasibility of pre-procedure of civil public interest litigation, proposing a comparative analysis of pre-procedure of public interest litigation of different countries, afterwards draw inspirations into forming our pre-procedure. Meanwhile, in comparison of pre-procedure system of shareholders’ derivative suits, put forward the references could be made by China. Finally, it will make some specific recommendations for building the pre-procedure of public interest litigation and desire to achieve further improvement of the procedures of civil public interest litigation.