Study On The Scope Of Civil Lawsuit In Civil Proceedings

Public interest litigation refers to the judicial activities based on public interest and based on litigation to protect public interest.China’s public interest litigation system started late,and there are still some areas to be improved.In 2012,the amendment of the Civil Procedure Law made the civil public interest litigation system formally established in China.Through the interpretation of Article 55 of the Civil Procedure Law,the scope of acceptance of the civil public interest litigation court in China is clearly defined in the way of "enumeration+generalization".According to the law,the civil public interest litigation in China is limited to two types of cases:1.consumer public interest litigation;2.environmental protection public interest litigation.Although in law,the word "wait" leaves room for the development of public interest litigation,at this stage,there are no other types of public interest litigation cases.At present,the scope of public interest litigation in our country is limited to two types of cases.There are three reasons:1.the application of the explicit provisions of the law;2.the public interest is not clearly defined;3.the development of public interest litigation system is still short.Therefore,in the absence of sufficient theoretical support,China’s judicial organs are cautious about accepting cases of public interest litigation.Except for clear types of cases,other cases are tried in ordinary cases.In this paper,the scope of accepting civil public interest litigation is the main research object.Through the accurate definition of public interest and the reasonable demonstration of the relationship between public interest and the scope of accepting civil public interest litigation,and on the basis of the study of the current situation of legislation of civil public interest litigation in China,the scope of accepting civil public interest litigation in other countries is investigated.On the basis of the investigation of its system,we can draw lessons from the advanced legislative experience,and draw a reasonable conclusion for the improvement of the scope of public interest litigation in China:that is,we should increase public interest litigation in labor.The framework of this paper is as follows:The first part is introduction.Through the elaboration of the purpose and significance of the study,the necessity of this study is clarified,and through the discussion of domestic research status,the gaps in the field of civil public interest litigation in China are identified,and through reasonable research methods,the research is carried out within the scope of the study.The second part is the general theory of civil public interest litigation.Through the study of the basic concepts of civil public interest litigation,we can define it accurately,and explore the development and evolution of public interest litigation,so as to further understand the essence of public interest litigation system;through the analysis of public interest,we can know the characteristics of public interest litigation,and reasonably demonstrate the scope of the case.The third part is the research and analysis of the current situation of civil public interest litigation legislation in China.Through the study of the current legislative situation of the civil public interest litigation system in China,this paper analyses the conditions and types of public interest litigation in China,grasps the development of public interest litigation in China,and analyses the adverse effects brought by the narrow scope of cases.The fourth part is the analysis of the current situation of the legislation of civil public interest litigation in foreign countries.Through the analysis of the scope of acceptance of civil public interest litigation in foreign countries,this paper summarizes and comments on its legislative provisions.The investigation of foreign countries is divided into continental law system countries and common law system countries.Through comparison and comparative analysis,the benefits of their scope of acceptance are obtained.The fifth part is about the countermeasures to improve the scope of acceptance of civil public interest litigation in China.By referring to the scope of accepting cases in other countries,this paper expounds the basic principles and standards of the scope of accepting cases in public interest litigation in theory,and increases the labor public interest litigation in order to protect the legitimate rights and interests of workers.