Systemic Inspection on Developing Path of Public Interest Litigation from the Perspective of Stand-alone Legislation
The public interest litigation of China has preset the value objective of"public interest maintenance"since its initiation and development,and its more than ten years'dominant course includes four"logic stages".The class action of Germany enjoys the evolving impetus which comes from the second-order evolution of"the nature of public interest",and its more than one hundred years'dominant course has shaped a three-dimensional institutional structure.The match of institutional function makes the uncrossed two enjoying logic commonness implicitly and the differences in the development path make such commonness show the characteristic of"being segmental".According to the approach of"ultra-radical pragmatism",the procuratorial administrative public interest litigation has been initiated under the guiding of the judicature and with simultaneous development of legislation and supporting interpretations to ensure the completeness of the institutional elements,thus fell into a pattern quickly.The civil public interest litigation has been initiated under the leading of legislation,but the"super simplified"legislation fails to ensure the complete creation of"action of performance",thus it continues its judicial development process and falls into a crisis of development approach.In the future,it is imperative to follow the clear requirements about"improving public interest litigation system"in the Report to the 20th National Congress of the CPC,and rely on the legislative progress of Procuratorial Public Interest Litigation Law(taking Public Interest Litigation Law into consideration)as Class-A project in Legislative Plan of the 14th NPC,and compile scattered institutional rules on public interest litigation.Therefore,although the procuratorial administrative public interest litigation can enjoy the benefit of the development approach of"ultra-radical pragmatism,the civil public interest litigation must adjust its development approach systematically.
Procuratorial Public Interest Litigation LawPublic Interest LitigationClass ActionProcedural Integration
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