Research On The Issue Of The Plaintiff's Qualification In Civil-public Interest Litigation Suits

At the present, the world has not only generally established a regime to protect public interest by jurisdiction, but also accordingly ensure the various kinds of plaintiffs who allowed to take part in the public interest litigations. This article discusses how to assure the subjects of public interest litigation, in term of building our country's civil system of public interest litigation, especially the qualification of plaintiff in civil-public interest litigations, then get these subjects appropriated to our legal system. The establishment of plaintiff qualification in civil-pubic interest litigations, should have considered these three problems: first, the legal basis on which the qualification of plaintiff in civil cases assured; second, how to take example from the west of its existing legislation about plaintiff of public interest litigations; third, the principles of how to assure the subjects of civil-public interest litigations in China. This article deeply studied the qualification of plaintiff in public interest litigations in China on the base of analyzing the science of procedure laws, according to our country's situation, and drawing on the successive experiences from abroad, then conclude that, in our country, the appropriate plaintiffs in public interest litigation may be a pluralistic extent, which includes procuratoria organs, social organizations, and normal citizens. Meanwhile, in practical suits, the actio of every potential plaintiffs in public interest litigations should, to greatest possible, be protected. And guarantee the universality of plaintiff in the same rate of cases. It is because of that, the universality of claim, in China, is what democratic jurisdiction and democratic politic call for.