印度的公益诉讼制度

印度公益诉讼发端于20世纪70年代末,以司法能动主义理论为基础,在世界范围内首次将原告资格拓宽到了每一个公民,并且创立了书信管辖权制度、调查委员会制度等,以保证公益诉讼判决的实施。公益诉讼制度实施二十几年来,在创建责任政府、保护公民基本权利以及环境保护等方面都取得了显著的成就。鉴于印度和中国各方面的相似性,其制度对我国具有重要的借鉴意义。

Public Interest Litigation System in India

The public interest litigation of India began at the late 1970s, which took judicial activism as its theory foundation. During its implementation, the judges of the Supreme Court established the epistolary jurisdiction and the commission of inquiry in order to make sure that the judgments were executed. And the most important thing is, every citizen can sue as locus standing in the public interest litigation in India and it is for the first time that the locus standing is enlarged to everybody around the world. After the executing the public interest litigation for more than twenty years, India gains great improvement in government responsibility, human rights protection and environment protection. And the public interest litigation of India is of important meaning to China because of the similarity of the two countries.