Civil Public Interest Litigation

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AbstractIn order to prevent and contain environmental pollution, protect consumers’ rights and interests and other public interests, China is now establishing a public interest litigation system step by step. Compared with the private interest litigation, the public interest to be protected by the public interest litigation is an aggregation of private interests. However, the public interest litigation does not exclude the private interest litigation. While the public interest litigation is going on, the parties concerned may also file a private interest litigation and take a “free ride” in such aspects as evidence on the public interest litigation. In China, it is mainly the various types of social organizations registered with the civil affairs department that have the right to initiate a public interest litigation. Besides, the procuratorates may also initiate a civil public interest litigation in addition to their function of initiating a public prosecution against a crime. Compared with the private interest litigation, the public interest litigation has some special features in terms of the litigation procedures. In addition, the Chinese law also requires the court to intervene in the litigation with a more proactive manner and give certain help and tips to the plaintiff if necessary, with an aim to maximize the protection of public interests.