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Web of Proceedings - Francis Academic Press
Web of Proceedings - Francis Academic Press

The Dilemma and Way out of Civil Public Interest Litigation Start-Up

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DOI: 10.25236/soshu.2020.211


Jielin Hu

Corresponding Author

Jielin Hu


The effective operation of civil public interest litigation depends on the joint efforts of many systems.Among them,the system of the subject of suit prosecution and the system of the subject of prosecution constitute the basic driving mechanism.China's legislation on the scope of appropriate prosecution subject is too narrow,in order to protect the possibility of sufficient momentum of civil public interest litigation from the source,we should form a consumer organization,procuratorial organs, individual sanclevel prosecution subject pattern through the amendment of legislation.The order system of the subject of prosecution is the guarantee system of determining the optimal prosecution subject and improving the efficiency of litigation under the premise of the diversity of the prosecution subject.According to the principle of “the standard of structural equilibrium of the two buildings and the economic standard of litigation as the auxiliary”,” it is more appropriate to construct the order system of “consumer organization-prosecution - the prosecution authorities - individual”.As an auxiliary driving mechanism,the incentive mechanism is an important system to ensure that the prosecution subject's intention to sue is transformed into the action of prosecution and actively pursue the result of winning the case.Civil public interest litigation includes at least two specific types of inaction and punitive damages,and the incentive system should be constructed according to the characteristics of both.


Civil public interest litigation, Driving perspective, Dilemma and way out