The right of claim for public interest protection is the right that the proper plaintiff of public interest litigation claims to the court and the infringer in order to protect the public interest,and it is the combination of public interest and litiga-tion procedure.The theory of right of claim for public interest protection explains the suitability of plaintiffs of public interest litigation and the necessity and effectiveness of public interest protection,which constitutes the key point of public interest liti-gation theory.The right of claim for public interest protection belongs to the right of relief and the the right of access to jus-tice,which can determine the method of public interest relief or protection,and avoid the swelling of pre-litigation procedures and the"non-litigation"phenomenon of public interest litigation.The right of claim for public interest protection covers fields of private law and public law.The former includes compensatory,preventive,restorative and personality conciliatory public in-terest protection claims.The latter mainly refers to the right of basic rights protection,and its exercise is often accompanied by this value judgment to solve the competition and cooperation relationship of different public interest protection.Based on the type of public interest,the right of claim for public interest protection can be divided into pure public interest protection claim and collective public interest protection claim.The former focuses on protecting the overall public interest,which belongs to objective litigation,and the procuratorial organ is suitable as the subject of claim.The latter is a collection of private interests,which belongs to subjective litigation.The unified protection of public interest requires full consideration of the significance of public interest,the degree of damage to private interest and the overall interest of society.
Legislation of Public Interest LitigationRight of Claim for Public Interest ProtectionAbstract Public In-terestCollective Public Interest
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