Abstract The public interest litigation originated from the Roman Law. It was accepted by more and more countries as it is in the course of development. Many representative countries such as America and India, which inherited the merits of Roman Law, developed and then made contributions to their national system of public interest litigation, accelerating the development of the modern system of public interest litigation. After the Reform and Open-up, litigant litigations emerged endlessly along with the development of the Market-Economy. The flow and drain of the state assets, the environment pollution etc is startling. The reason is that the perfected system of public interest litigation hasn’t set up. Therefore, these cases can’t be judged in the proper judicial procedure. However, the perfection of the legal system and the reinforcement of the legal sense need the construction of the system of public interest litigation in our country. Meanwhile, it is necessary to maintain social order and protect the public interests of society efficiently and practically. So what is the public-spirited litigation? How dose it operate at present in China? Dose there exist any imperfections in the theory and practice of system of public interest litigation in our country? What’s the reason for the slowness development of system of public interest litigation? Then how to construct it at present? How to combine it with the modern public interest litigation in the course of constructing our national system of public interest litigation? These problems require to be specified. The current paper first starts from the basic theory of the system public interest litigation as a starting, second discuss problems related to the public interest litigation. At last the author makes her own suggestions on construction of public interest litigation in our country.
Keywords: public interest litigation; private benefit lawsuit; perfection
