Analysis Of China Civil Proceedings The Plaintiff Qualified

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.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, judicial practices also tell us that unifying the knowledge of plaintiff qualification in civil public interest litigations is an essential prerequisite to solve various kinds of problems in our practices. Therefore, this dissertation will focus on defining the plaintiff qualification when we construct the system of civil public interest litigation.The whole article is divided into four parts:Chapter One: A general review of the civil public interest litigation. Starting from the basic conceptions, this chapter firstly makes definitions of both public interest litigation and civil public interest litigation, and through comparing, illustrates the characteristics of the civil public interest litigation and the relationship between civil public interest litigations and class actions. Secondly, in order to make clear the central issue of this thesis, it defines the concept of the plaintiff qualification in civil public interest litigations, while sorting it according to some criterion. Finally, from the point of view of legislation and judicature, this chapter generally introduces the present situation of plaintiff qualification in our civil public interest litigations to make readers understand the problems existing.Chapter Two: A comparative study on the plaintiff qualification ofthe civil public interest litigation between two law systems. At the angle of comparative law, it introduces provisions on the plaintiff qualification of the civil public interest litigation in typical countries, and on this basis, it summarizes the present types of subjects, which enjoy that qualification, to provide foreign experiences for our legislation.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 res judicata, then to the theory of procedural trust, 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. As the key part of this article, 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 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. All of the above is the whole assumption, and the writer hopes these sketchy assumptions can make contributions to the establishment of our countries' civil public interest litigation.