Public Interest Litigation Plaintiff Eligible For Study

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 .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.Plaintiff qualification is one of the main obstacles before the civil public interest prosecution .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 . The modern legitimate tendency is towards relaxing the requirement of plaintiff qualification. A growing number of nations, considering the preservation of public interests, entitle their citizens to civil public interest prosecution. Following the world trend, China should form a prosecution of civil public interest system which conforms to the national conditions.The first part elaborated the general theory of plaintiff qualifications in the civil public interest prosecution, and has carried on the preliminary analysis to Chinese civil public interest prosecution system flaw. Because Chinese legislations didn't stipulated explicitly on the civil public interest prosecution system, the judicature adheres to plaintiff qualifications standard so rigidly that the suitable main body to file the civil public interest prosecution is impossible. The second part expounds that civil public interest prosecution plaintiff must include the procurator by the national public prosecutor firstly. The procuratorial agency being the special legal surveillance...