The Analysis Of The Demonstration On The Plaintiff Of The Righteousness Of Civil Public Lawsuit In China

Since 1990, the practice of lawsuits on protection of state-own asset, environment and consuming have witnessed a new type of civil lawsuit, namely, civil lawsuit of public welfare, which is specialized by its characteristic of "public welfare"; in other words, plaintiffs in this lawsuit work not for themselves but for the public welfare, thus exemplifying them direct interest in the case. The very nature of this lawsuit goes against the premiss for plaintiffs stipulated by article 108 in Code of Civil Law. Accordingly, the controversial righteousness is the premiss for the civil lawsuit of public welfare. Analyzing five typical cases, the present thesis focuses on the two controversial issues for the plaintiff in the civil lawsuit of public welfare; they are the righteousness of the subject in the civil lawsuit of public welfare and its popularity. The thesis consists of five parts.The first part briefly introduces those five typical cases. The five cases, concerning with environment pollution, protection of state-own assets, consuming and the like, the fields that the civil lawsuit of public welfare often take place, cover the common litigants in the practice of the civil lawsuit of public welfare, namely, state agency, citizen, social community, etc.The second part addresses the background and controversial points in these five cases. The procedural practice is often the incarnation of social reality. The emergence of a new type of lawsuit is not an abrupt and isolated phenomenon but is the result of the development of society and economy. With the increase in its number and the intensiveness of its theory, the civil lawsuit of public welfare has already a hot social issue.The third part focuses on legal principles and consists of three sections. The first section is devoted to the evaluation of the righteousness of the litigants. In the circumstances of lacking clear legal support, effort made by some grass-root courts to extend the righteousness for the plaintiff in civil lawsuit of public welfare is advisable but bears negative influence as well. The second section, analyzing the social motive for this new lawsuit, mainly illustrates the theory for the extension of the righteousness of the two popular kinds of plaintiff in civil lawsuit of public welfare—interest of lawsuit and affiance of public lawsuit. Interest concerns with the lawsuit implementative right. The extension of the righteousness of plaintiff caters to every new lawsuit. Extension of the righteousness of the litigant is reached in the wake of getting the qualification of initiation of civil lawsuit of public welfare. The aforesaid theory is meaningful to the construction of plaintiff rules and regulation for civil lawsuit of public welfare, though it has its own shortcomings; it hence needs to be developed. The third part, in the situation of extending the righteousness of litigants, and multi-subjects, gives specific consideration to the righteousness of citizen, procuratorate, government agency and social community. In the view of the author, the best plaintiff in civil lawsuit of public welfare should fall on procuratorate, and of course, in certain cases, government agency deserves as well.