The Reflection and Restructuring of the Level Jurisdiction System for Civil Public Interest Litigation
The report of the 20th National Congress of the Communist Party of China emphasizes the need to"improve the public interest litigation system".The level jurisdiction system for civil public interest liti-gation,as established through judicial interpretations,faces numerous issues in terms of legislative techniques,judicial policy orientation and practical application.The foundational rationale for this sys-tem fails to withstand logical and empirical scrutiny,and it should be reformed and improved.A funda-mental approach to improvement involves realigning the system with the core principles of level juris-diction in civil litigation,i.e.,the jurisdictional level should be determined based on the monetary value of the claims involved in civil public interest litigation,ensuring the appropriate allocation of cases to higher,intermediate and basic-level people's courts.Additionally,specialized trial institutions for civil public interest litigation should be established.However,centralized jurisdiction for such cases is not recommended.
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