Studies On Issues In Respect Of Party In Civil Proceedings For Commonweal

Proceedings for commonweal can be categorized into civil proceedings for commonweal, criminal proceedings for commonweal and administrative proceedings for commonweal in compliance with proceedings manner and legislature which adjusts such proceedings. In China, the infringement facts for civil commonweal and the lack of civil judicial protection system on public interests are the objective requirements and real base for establishing civil proceedings system for commonweal. Meanwhile, theoretically, there are proceedings teleology base, proceedings right base and constitutional base for establishing civil commonweal proceedings system. More and more national scholars begin to pay attention on using judicial remedy to protect social public interests, and in judicial practice, the cases which the civilian bring action for civil commonweal are emerging. To establish civil commonweal proceedings system shall have a breakthrough on restriction of plaintiff qualification, that is, the plaintiff shall not be limited to direct interested parties. In order to resolve this problem in theory, I analyze the development of notion of party, that is, from due party to party in procedure, and weigh advantages and disadvantages of all kinds theories on management rights and disposal rights, party in adjective on the basis of notion and its development of party eligibility theory, and think theory for proceedings implementation right is the basis of party eligibility theory on civil proceedings for commonweal. Civilians based on managing public affairs and protecting public interests and state special organizations based on special duty are qualified for bringing an action, and become the legitimate plaintiff on civil proceedings for commonweal.Based on the concept of party in procedure and theory of proceedings implementation right, the plaintiff qualification for civil commonweal proceedings should be extended in consideration of the specialty of offensiveness of civil commonweal. In other words, not only persons and organizations directly interfered by impairing civil commonweal but also any civilian, relevant group, and procuratorate that care about the commonweal can, as a plaintiff, bring an action in the court on behalf of state or publics, and completely protect state and social public interests. In a nutshell, an action can be brought by three categories in the civil commonweal proceedings, that is, any individual, social group and special organization of state. It becomes an outstanding characteristic in civil commonweal proceedings that an individual can bring an action for protecting public interests. As a cornerstone in the civil commonweal proceedings, publics will have supervision and check on impairing social public interests. Social groups such as consumer association, guild, trade union always stand for their interests of a special social colony. Acknowledgement of the proceedings qualification of social groups will be very crucial and meaningful to the civil commonweal proceedings. As representatives of state and social public interests, special state organizations bring an action for civil commonweal not only to put activities of impairing social public interests under rigorous supervision and effective curb, protect the economic interests of civilian, legal person and state but also to keep proceedings standard in a consistent and justice manner to a maximum, and avoid any revenge and misuse in individual proceedings and make proceedings efficient and beneficial. As a judicial department exercising prosecution and supervision on behalf of state, procuratorate shall exert itself in civil proceedings for commonweal. With a view to the development of civil proceedings for commonweal by procuratorate in China and foreign countries, most countries have recognized procuratorate involving civil proceedings for commonweal. In China, it's necessary for procuratorate to have power to accuse in civil proceedings for commonweal in order to prevent loss of state-owned assets, protect social public...