Research On The Plaintiff Qualification Of Civil Public Interest Litigation

As compared with the countries and regions where the law system is relatively mature and the civil public interest prosecution has generally systematized to enhance the judicial protection of public interests, China has not yet specialized the protective procedures of public interests, "the civil procedure law" in this respect is still imperfect . Law cases related to the public interest have been increasing in the last few years, and especially in the field of civil and commercial affaires, they evoke tremendous repercussions. Then, the establishment of the civil public interest litigation is called to protect the public interest that once was ignored by people. The development of civil public interest prosecution system aims to strengthen democracy as well as legitimacy, and helps to raise people's awareness of preserving public rights and interests. Fortunately, the academic circles have initiated the theoretical researches into the civil public interest prosecution and the appeal has been made in Chinese judicial for the prompt establishment of such a law system.It is commented in a legal saying that "No plaintiff, No trial". The beginning and the development of one litigation procedure depend on plaintiff' s acts of procedure, so, being the one who starts litigation procedures, the importance of plaintiff should not be ignored and there is no exception in civil public interest litigations as well. Furthermore, many cases have ended by rejecting the appeal for the reason that the prosecutor is not qualified as a plaintiff. Accordingly, the"bottle neck" of plaintiff qualification should be broken through for the purpose of developing and conducting civil public interest prosecution . So, definitely confirming the plaintiff qualification of civil public interest litigation is a very important problem for the establishment of the civil public interest litigation system. Therefore, this dissertation will focus on defining the plaintiff qualification when we construct the system of civil public interest litigation.This dissertation makes a comparative systemic study for the plaintiff qualification of the civil public interest litigation .On the basis of referring to foreign experience and practice, this thesis put forward some suggestion for confirming the plaintiff qualification of civil interest litigation in China ,and hopes give some help for the establishment of civil public interest litigation system in China. The writer also hopes these sketchy assumptions can make contributions to the establishment of our countries'civil public interest litigation. The whole article is divided into four parts:Chapter One: the general theory of plaintiff qualifications in the civil public interest prosecution. This chapter analyzes the concept and characteristics of public interest, public interest litigation and civil public interest litigation. In the process of illustrating the traits of the civil public interest litigation, this paper emphasizes the importance of definitely confirming the plaintiff qualification of civil public interest litigation, then, the paper sets forth its concept , characteristic and value. Through this the readers can get a general understanding of the main subject of this thesis.Chapter Two: A comparative study on the plaintiff qualification of civil public interest litigation. This chapter introduce the system of plaintiff qualification of civil public interest litigation in countries of Anglo-American Law System and Continental Law System, especial introduce some special provisions on the plaintiff qualification of civil public interest litigation. In order to provide some useful experience for the establishment of this system in China, the author makes a comparison between the two law systems.Chapter Three: Theoretical foundations for the plaintiff qualification of the civil public interest litigation. From the theory of party standing and the theory of the interest to suit, to the theory of resjudicata, then to the theory of procedural trust, and for power controlling power by discussing the challenges which realities posed on the traditional theories, it points out the limitation of traditional theories and the development of new theories in order to provide theoretical foundations for our legislation.Chapter Four: Considerations of the plaintiff qualification of the civil public interest litigation in our country. This is the most important part in the whole paper and some suggestions for setting up the future system are put forward. This chapter has three sections. The first one, it confirms the plaintiff qualification that prosecutorial organs have in civil public interest litigations, illustrates the particularity of this qualification and ranges the indictments that prosecutorial organs can bring to court. The second one, it confers the plaintiff qualification of the civil public interest litigation on social organizations, and others ,and states their rights of disposition and the lawsuits they are able to carry on. The last one, according to our realities, it enumerates the reasons that citizens temporarily should not be endowed on the plaintiff qualification of the civil public interest litigation and the remedies for that absence.