Bewilderment And Breakthrough Of Subject Qualification In Public Lawsuit

One difficulty of public-welfare lawsuit is to confirm the qualification of lawsuit subject. The traditional theory on subject qualification and the theory on litigation interest are seriously challenged by the system of public-welfare lawsuit. The first part of this article starting from the development progress of public-welfare lawsuit analyzes that the system of public-welfare lawsuit is the necessary need as the society develops to certain stage, and the reform of lawsuit model which law as superstructure takes to adapt the development of society. On the basis of reviewing the development progress of public-welfare lawsuit, the second part of this article mainly analyzes the bewilderment on subject qualification of public-welfare lawsuit as a new law tool confronted the traditional theory on subject qualification, and concretely discuss the obstacle brought by the traditional theory to the subject qualification in public-welfare lawsuit. In this part, the author firstly analyses the puzzle when subject qualification in public-welfare lawsuit meet traditional theory, especially traditional theory on subject qualification and theory on interest of action. Then, the author further illustrate the puzzle which is the exhibition of contradicts between the society new needs in the social developing process and the current laws, and bring forward a scheme, conforming to the new needs of society, providing judiciary guarantee to new model rights in the society, affirming and developing public-welfare litigation system to settle this problem at the same time. On the basic the author analysis the important position that subject qualification occupies in public-welfare litigation, especially the boundary of the subject qualification. In part III the author using comparative method briefly review the theory and practice about subject qualification in public-welfare litigation in USA and France in the Two Main Legal Systems. At last the author suggest to draw the pattern of the developed country in Europe and American, with a view of the present reality and rational factors of our country, at the basis of feasibility, structures a relatively general and incomplete consistent range of the subject qualification in public-welfare litigation comparing to the traditional system.