Legal characteristics of public interest litigation
1. The plaintiff in public interest litigation is an unspecified person. Generally speaking, it only refers to people who have no interests, but the law of horses also includes people who have interests. And if there is more than one plaintiff, the referee can choose the right person as the plaintiff.
2. The starting point of the plaintiff's prosecution is to safeguard public interests, legal dignity and social fairness and justice, not personal gain.
3. Public interest litigation involves a wide range of cases, which can be civil infringement, administrative violations and criminal activities.
4. The status of public interest litigation is reflected in supplementing and assisting the lack of law enforcement ability of state organs, rather than replacing state organs in law enforcement activities.
5. Plaintiffs often get certain material rewards after winning the case.
First, the public interest litigation system is the embodiment of socialist democracy in the litigation field, which provides a realistic way and judicial guarantee for realizing socialist democracy. On the one hand, it enriches the form of socialist democracy and provides judicial guarantee for people's right to participate in state affairs. Ensure that the people participate in the management of state affairs and become masters of the country; Prevent civil servants from abusing their power and correct wrong public power.
Second, the implementation of public interest litigation system is an important basis for governing the country according to law and can greatly promote the realization of the rule of law.
On the one hand, it realizes the restriction of judicial power on state power. So as to avoid the situation of rule by man due to the concentration of power.
On the other hand, it is helpful to realize the 16-character policy of socialist legal system and safeguard legal authority.
Public interest litigation is not a separate litigation form, but a concept based on the purpose of litigation, which aims to describe the public interest litigation activities carried out by procuratorial organs, public welfare organizations or individuals. Compared with private interest litigation to safeguard the legitimate rights and interests of individuals and organizations, the litigation purpose of public interest litigation is to safeguard national interests and social order.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 15 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Trial of Public Interest Litigation Cases.
If the people's procuratorate brings a civil public interest lawsuit in accordance with the provisions of the second paragraph of Article 55 of the Civil Procedure Law, which meets the conditions for prosecution stipulated in the second, third and fourth paragraphs of Article 119 of the Civil Procedure Law and this interpretation, the people's court shall file a case for registration.
Article 21 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Trial of Public Interest Litigation Cases.
In performing their duties, the people's procuratorate finds that the administrative organ responsible for supervision and management in the fields of ecological environment and resource protection, food and drug safety, state-owned property protection, and transfer of state-owned land use rights illegally exercises its functions and powers or does not act, thus infringing on national interests or social public interests, it shall put forward procuratorial suggestions to the administrative organ and urge it to perform its duties according to law. The administrative organ shall perform its duties according to law within two months from the date of receiving the procuratorial proposal, and give a written reply to the people's procuratorate. The administrative organ shall give a written reply within fifteen days in case of emergency, such as the damage to the national interests or social public interests continues to expand. If the administrative organ fails to perform its duties according to law, the people's procuratorate shall bring a lawsuit to the people's court according to law.
Article 55 of the Civil Procedure Law of People's Republic of China (PRC)
For acts that pollute the environment, infringe upon the legitimate rights and interests of many consumers and harm the public interests, the organs and relevant organizations prescribed by law may bring a lawsuit to the people's court. In performing their duties, the people's procuratorate may bring a lawsuit to the people's court if it finds that it undermines the ecological environment and resource protection, infringes on the legitimate rights and interests of many consumers in the field of food and drug safety, and other acts that harm the public interests. Where an organ or organization mentioned in the preceding paragraph brings a lawsuit, the people's procuratorate may support the prosecution.