On The Qualification Of Plantiff In The Public Interest Litigation

China is in the social transition. Relationship between various social interests is complex. Because many social system in related areas is not sound, some people use loopholes in the social system to acquire their private interest at the expense of public interests. Therefore, in recent years, we can often read the news in the newspapers that the public interest was damaged by misfeasors. After decades of reform and opening up, citizens in China has increased their awareness of the rights. In the same time, they have realized the importance of public interest.In order to safeguard the public interest, case of Public Interest Litigation is emerging. Unfortunately, our country have not established a civil public interest litigation system. It makes citizens safeguard the public interest powerlessly. Because the plaintiff is not legal, many cases are shut out by the court, which makes that many misfeasors can not be stopped and punished by law. Fortunately, many Academics are also concerned about this social problem, and they are aware of the great significance of establishing public interest litigation in our civil system.The absence of legislation on public interest litigation provides a contrast with serious phenomenon of infringement on the public interest in the reality, which lets us feel that establishing a civil public interest litigation system is considerablely necessa-ry and pressing. One of the differences between civil public interest litigation with the traditional civil litigation is the different demand of plaintiff in the law. plaintiff in the civil public interest litigation will exceed the theoretical limits of the traditional civil litigation. That means someone who has no direct interest with the subject in the case may also be given a plaintiff status. It has also become a diffculty in establishing civil public interest litigation system.But to establish a civil public litigation system we can not avoid the problem of the plaintiff qualification. The solution on this issue we can learn some experience from other countries which have obtained many successful results in this area. Solution on the issue of plaintiff in civil public interest litigation in the world presented a trend of pluralism. Whether in common law counties or in civil law countries, many objects, including posecutions, social groups, Individual citizens and so on, are given the eligible qualification of plaintiff in civil public interest litigation. Consideration on internatio-nal experience and China's national conditions, we should give the prosecutions, administrative organs, social organizations, individual citizens the eligible qualificati-on of plaintiff in our country.Objects above has its own advantages and characteristics respectively. If we can use their advantages, they will play a very important role in constructing a set of integrated China's civil public interest litigation system. And they will help to formate a complementary and harmonious law situation. Because of the authority and the relative independence, the prosecution has an unparalleled advantage in the civil public interest litigation as a plaintiff in comparison with other objects. The executive authorities in certain circumstances can also have a qualification of plaintiff in civil public interest litigation, because it is also a representative of public interest. And in some specific areas, the use of civil means to solve the problem are more feasible than the use of administrative means. Giving community groups the qualification of plaintiff in their own specialization can use their strengths, and make up the defects of authority power in civil public interest litigation. The partici-pation of individual citizens in civil public interest litigation will greatly stimulate the community to protect the public interest. Of course, there is a coexistence of advanta-ges and disadvantages of these objects. We should fullly use their advantages, and eliminate their defects by designing rules in order to build a good civil public interest litigation system.