A Study On The Qualification Of Plaintiff In Civil Public Interest Litigation In China

The civil public interest litigation procedure must solve the problem of the plaintiff qualification of the civil public interest litigation, Only the plaintiff qualification of the civil public interest litigation and reasonable design can guarantee the healthy development of China’s civil public interest litigations。 The new "Civil Procedure Law" establishes the system of civil public interest litigation,but the system of public interest litigation plaintiff qualification is fuzzy,only legal institutions and relevant organizations may be the plaintiff qualification of the civil public interest litigation, but which authority and tissue is not clearly defined, individual citizens are also excluded from the qualification of plaintiff in public interest litigation outside. In the subsequent promulgated the "consumer protection law" and "environmental protection law" and clearly defines the consumer association and comply with the statutory conditions of the environmental protection NGO can consume and environmental public interest litigation filed the case, this is the law of our country the first time defined as a public interest litigation plaintiff qualification of social organization. But in recent years our frequent cases, cases of food safety, environmental pollution and damage to the interests of consumers of cases, the law clearly stipulates that the social organization significantly narrow the scope of protection, is not conducive to the development of public interest litigation and public interest of the society. Therefore, to improve the qualification of plaintiff in civil public interest litigation is imperative under the situation, the author will from the following several aspects of the plaintiff qualification of the civil public interest litigation problems, hoping to provide some feasible suggestions for the development of civil public interest litigation system in our country.The first chapter describes the Civil Public Interest Litigation basic theory and discuss the civil public Litigation concept, characteristics, values.The second chapter describes the current Public Interest Litigation our civil legislation and public interest litigation plaintiff status quo judicial body.The third chapter introduces the Civil Public Interest Litigation provisions of the main countries of the civil law and common law systems and provides a reference for our country.The fourth chapter, according to the current status of the plaintiffs civil public interest litigation.Civil public interest litigation plaintiffs were conceived in three areas, the Civil Public Interest Litigation given three bodies:the prosecution, civic and social organizations.