Chinese Civil Public Interest Litigation is facing increasingly serious institutional crises,which are covered by it's rapid expansion.Function malposition between it's legislation and judicial interpretation is the legal theory essence of the institutional crises,which began with the super simplified legislative scheme lacking systematicness,developed into fragmentary tendency of judicial interpretation rules and resulted in dissimilation of procedural nature and institutional function.To solve the institutional crises,the function of it's legislation and judicial interpretation must return to proper orientation.For this purpose,on account of the clear demand on furtherly improving Public Interest Litigation System in the Report to the 20th National Congress of Communist Party of China,relying on the legislative progress of Procuratorate Public Interest Procedure Law(Public Interest Procedure Law)as a class project in the Legislative Plan of the 14th NPC,we must push forward the legislative procedure integration on Civil Public Interest Litigation,which are based on a new theoretical concept named Civil Procedure Preventing Infringement on Public Interest and assisted by modification of relevant legislations.
civil public interest litigationinstitutional crisisprocedural integrationcivil procedure preventing infringement on public interest
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维普
