Theoretical Reflection on Public Interest Litigation

Public interest is a new type of different from traditional private litigation. It also provides a new system in which the common people can influence the public life. In definition, public interest and private interest should be distinguished according to request analysis. The requests of public interest should mainly be confirmation request or the request to stop infringements. Public interest has many functions such as arousing the common people’s care for public affairs, making dormant laws and regulations to execute, stopping illegal acts in future and promoting the development of public welfare organizations. However, there is no real administrative public interest litigation in today’s China.