On The Enlargement Of The Scope Of Accepting Cases Of Civil Public Interest Litigation In China

In recent years,with the gradual progress of the pilot projects,the number of domestic civil public interest litigation cases is increasing,but there is still a lack of unified standards on how to identify the scope of civil public interest litigation cases and what types of cases are included in them.Therefore,some cases with the nature of public interest might be excluded.The revision of the Civil Procedure Law amended in 2012 shows that a significant part of the provisions in the traditional civil procedure law has been unable to effectively play its value and role.To some extent,it is difficult to effectively solve the problems existing in reality,and a large number of civil litigation disputes cannot be properly solved only by the original laws and regulations,which is the specific manifestation of the lag of law itself.Similarly,the public interest litigation in the Civil Procedure Law is no exception.As far as the scope of civil public interest litigation cases is concerned,the system is not comprehensive and needs to be further enriched and refined.In this case,the social public interest and private interest associated with public standards should be strickly followed to define civil litigation with public interest,and the scope of public interest litigation is constantly expanded,which is conducive to the inclusion of more cases that meet the standard,and the value of civil public interest litigation will be more significant.Based on this,this paper considers the influencing factors of the scope of cases in combination with various domestic legislative provisions and judicial documents.At the same time,combined with the judicial practice cases and the experience of the two legal systems,this paper analyzed the current situation of China’s civil public interest litigation and identified the shortcomings of the lawsuit.Moreover,this paper takes the extension and connotation of public interest as the starting point,further discusses the substantive standard of expanding the scope of civil public interest litigation and puts forward some suggestions on expanding the scope of civil public interest litigation.