On The Doctrine Of Ex Officio Inquiry In The Application Of Civil Public Interest Litigation

As the economy improves,people are paying more and more attention to the public interest.In 2012,the Civil Procedure Law of the People’s Republic of China was amended,and a series of judicial interpretations were later issued to improve civil public interest litigation in environmental and consumer rights,essentially establishing the framework for civil public interest litigation in China.However,only when civil public interest litigation is implemented does a series of problems arise.The root cause of these problems lies in the imbalance between the plaintiff’s public interest and the defendant’s private interest.The conflict of interest seriously affects the ability of parties to participate in civil litigation,which is dominated by this model,and the conventional trial model in the context of parties has faced difficulties.The basis for the court to make decisions in the middle is no longer exists.In civil public interest litigation,the public interest is the welfare of an indeterminate majority of people and has strong public attributes.Therefore,the court must be cautious in handling the case and apply truthfulness and ex officio industrialism to make the right decision based on the truth of the case to protect the public interest and prevent further damage to the public interest.From a legal perspective,civil public interest litigation is a novel type of litigation that differs greatly from private interest litigation in terms of structure.However,from a legislative perspective,civil public interest litigation still operates within the framework of traditional civil private interest litigation and does not deviate from the constraints of civil private interest litigation parties.It’s challenging to balance public interest and private interest in public interest litigation,so it ’s crucial to find a new procedural rule and jurisprudence that is more suitable for civil public interest litigation.The article is divided into four sections,in addition to the introduction.The first section covers the current state of civil public interest litigation and its dilemma.The first part of the article discusses the current state of civil public interest litigation,analyzes the current problems of civil public interest litigation,and concludes that party doctrine is incompatible with civil public interest litigation due to the various incompatibilities and dilemmas of dotmocracy and diapositives in civil public interest litigation.The second part discusses the application of the doctrine of ex officio discovery to civil public interest litigation.From the definition of ex officio industrialism to the characteristics of ex officio industrialism and civil public interest litigation,the reasonableness and necessity of the court’s application of ex officio industrialism in civil public interest litigation is debated in three directions: safeguarding the public interest,balancing the position of the parties,and compensating for the shortcomings of argumentum.The third part identifies the " measure " and " quantity " of authority exercised by court judges.To clarify the application of the power of discovery in civil public interest litigation in China,we aim to determine the "measure" and "quantity" of the power of discovery for court judges.On the one hand,the content of the judge’s powers of inquiry is determined,so that the judge has a clear system of guidance when he or she is inquiring about his or her powers in litigation,while the plaintiff and the defendant can also make reasonable predictions about the judge’s behavior and form psychological expectations according to the regulations.On the other hand,it is necessary to clarify the boundaries of the court’s power of discovery,limit the limits of the court’s power of discovery and avoid abuse of power,so that the court can protect the legitimate rights and interests of the parties on the basis of maintaining a neutral position.Finally,we discuss the special status of the procuratorate in civil public interest litigation and argue that the court still needs to be ex officio informed when the procuratorate initiates civil public interest litigation.On this basis,the participation of the procuratorate in civil public interest litigation should be incorporated into the system of ex officio discovery in civil litigation,so as to avoid the split of civil public interest litigation into two parts due to different prosecution subjects.