On The Plaintiff In The Public Interest Litigation

The Plaintiff in Public Interest Litigation is one who sues in his/her own name for protecting his rights and interests or solving disputes between others and starts the litigation procedure. It is one of the pre-dominated problems of Public Interest Litigation. The definition of the recognition standards and approaches of the plaintiff, and the division of the plaintiff types, by which to know the scope that which kind of Public Interest can be sued, are of great significance to start the Interest Litigation, to construct the procedure of the Interest Litigation, and to maintain and protect the public interest.Section 1 of this thesis gives an introduction about the basic theory of the plaintiff in public interest litigation. It is believed that the Public Interest Litigation is a kind of judicial activity that the court deals with the illicit behavior that invades the national interests or public interests, which was sued by any person or organization according to the law. The characteristics possessed by Public Interest Litigation, such as pursuing public interest in aim, unique in parties, complex in content and predictable in result, decides that the plaintiff in Public Litigation also has some characteristics as variable in types, uncertainties, parties differences in power and constraints in the plaintiff's litigation rights. So, the traditional litigation theory, which has experienced a change from direct interest-related parties theory to interest of litigation theory, is already unfit for the Public Interest Litigation. The plaintiff of Public Interest Litigation should have an expansion.Section 2 has an exploration about the theory of the plaintiff in Public Interest Litigation. It is believed that Public Interest contains national interest and social public interest, and both of them should be clearly defined in detailed laws. The public interest's being protected by judicial procedure, is the need of social development, the requirement of social justice, and is promoted by judicial initiative. The recognition of the plaintiff's qualification can be attributed to the problems of right-capability in litigation, which according to the public interest and its characteristics of protection, should break through the direct interest-related parties theory and adopt the new standard recognized the fact that the public interest is invaded, which allows any person, corporation (and certain social group) and procuratorial organs, who knows the fact, to start the litigation. The requirements for the plaintiff to start litigation can be attributed to the problem of execute-capability in litigation, which should study the Class Litigation in America, where the court examines whether the applier is the representative and the full of representation. Only one who meets the requirements could become the qualified plaintiff in Public Interest Litigation. All people, organization and procuratorial organs could start Public Interest Litigation in some occasions.Section 3 makes a discussion about the construction and perfection of the plaintiff institution of Public Interest Litigation. The fact that our current legislations haven't set up Public Interest Litigation yet, which makes the public interest be out of protection can be attributed to many reasons. It is believed that the construction and perfection of plaintiff institution of Public Interest Litigation is in great necessity. Our country should bring all the behaviors that invades national and social public interest in Public Interest Litigation. Any person, corporation (and certain social group) and procuratorial organs may start Public Interest Litigation once they meet the requirements in laws, and become qualified plaintiffs in the Public Interest Litigation in Civil Litigation, Administrative Litigation and Criminal Litigation.