Civil Public Interest Litigation On The Plaintiffs Qualification System

Civil public interest litigation in the civil procedural law is the public interest litigation academic, economic and academic circles sociology widespread concern in the legal and social phenomenon. In implementing the rule of law and building a harmonious society today, people become legal safeguard interests of fairness, the basic means to defend justice and the ultimate protection. In practice, however large acts against the public interest, in the face of the traditional system of civil plaintiff eligible theory, the system of civil litigation purposes can not be realized. The basic point is the right to justice, has any right to exercise its owners and. How to define the public interest and clear rights in the open public access to civil litigation relief to the door, the opening of public civil protection, the first public interest litigation settlement of the civil plaintiff qualifications. This paper from China's civil status of public interest litigation by the foreign system and the theory of reference for China's civil Public Interest Litigation diversification - individual citizens, community groups, the procuratorial organs to public interest litigation filed several civil envisaged.Any theoretical study must grasp the pulse of the times, following its own internal logic, the use of scientific research methods, the paper through empirical methods, the concept of comparative analysis to analysis, synthesis and analysis of research methods to study the reality and from abroad to find theoretical support, proposed design of the system. Divided into five parts:Part I: rise and expansion: My civil Public Interest Litigation and the research value of the plaintiff for the traditional theory challenges. Some of the background material through the panoramic display, detailed interpretation in the public interest in civil justice Horizon acute hardship of a trial as a blind spot, right through the public practice of civil sanctions violations to the judicial analysis, interpretation of the sanctions violations of the civil justice not charity, which raised the questions, the key is, the traditional theory of civil disorder there, public interest litigation in the civil plaintiffs calling for the traditional theory of expansion.Part II: Concept and identification: public interest, public interest litigation and civil litigation public relations and the progressive definition content. Given the "public interest" and the abstract concept of uncertainty, if you turn it as a right, the substantive law protection, we must clarify its rights in the public who enjoy civil litigation plaintiff main qualifications? Through the scientific definition of the public interest levels, clarify public interest litigation, civil litigation and the public the distinction between related concepts.Part III: Foundation and beyond the foundation: Civil Litigation for Community Development Theory and should-perfect posture. The parties fitness lattice theory, appeal theory, social theory, dispositions theory, the people's sovereignty theory, the analysis of power theory, the plaintiff eligible pluralism is a public interest litigation in the civil inevitable choice.PART IV: Reference and absorbency: Two Schools of Public Interest Litigation civil plaintiff qualification system than the mature model and the analysis. Through the comparison of the ancient Rome, Germany, France, Japan and other civil law countries and the United Kingdom, the United States, India, Britain and the United States on civil law countries eligible plaintiff public interest litigation system than for the welfare of China's civil litigation system provided for the plaintiff based on the reference.PART V: Prospects and the vision: My civil plaintiff eligible public interest litigation system and mechanism to choose the path to security. Through the above analysis and comparison of experiences, to our civil plaintiff public interest litigation mechanism for diversification and protection of specific ideas, procuratorial organs, social groups and individual citizens in public interest litigation filed civil stereo-all eligible civil plaintiff public interest litigation system has been established.