Research On The Limitation Of Action In Civil Public Interest Litigation

As an important way to use the judicial means to safeguard the public interest,civil public interest litigation is a means to realize the social governance pattern of co-construction co-governance and sharing,and is the institutional guarantee for public participation in public affairs and social governance.At the same time,civil public interest litigation is also an effective way to make up for the lack of government supervision and promote the construction of limited government and government rule of law.The statute of limitations system has the value of maintaining the order of the law and realizing the public interest.The civil public interest litigation has the function of preventing the continued infringement of the public interest and requesting compensation.The value pursued by both is to protect the public interest.The statute of limitations system applies to the right to claim damages in environmental civil public interest litigation,applies to the punitive claim for claims in consumer public interest litigation,and applies to the claim for damages in other types of civil public interest litigation.The existing statute of limitations for civil public interest litigation has some shortcomings,which require the improvement of internal mechanisms and the improvement of legislation.Including the court's discretion to extend the maximum statute of limitations,the starting point for applying the statute of limitations of continuing infringement litigation,the long-term statute of limitations for the establishment of legislation,the legal consequences of giving time for the interruption of civil public interest litigation,and give the procuratorial organ's “public litigation”.