On The Public Welfare Lawsuit Plaintiff's Qualification

Protection of the public interest in modern society is increasingly Important, public interest litigation system which has been set up in many countries, stirs widespread controversy in academic, and attract people's attention. At present, who can file a lawsuit in the public interest litigation is the focus of the controversy, and the basis of its establishment and development. In the light of it, this article discuss the plaintiff of the public interest litigation.Except introduction and conclusion, this article consists of four parts: Introduction main discussed the significance of the topic and the research methods. Conclusion part of this article summarize the research and that the direction of further expansion.The first part clears up these definitions of the public interest litigation, then defines the public interest litigation and the eligibility of its plaintiff. The author first start with the definition of public interest litigation, combing the current more representative of the definition of public interest litigation, and on this basis to define the public interest litigation, summarize the characteristics and classification of public interest litigation. Secondly, the author integrates the concept of qulified parties, to define the public interest litigation eligibility of its plaintiff and explain the significance of the Public Interest Litigation.The second part introduces the public interest litigation system in foreign countries, especially the eligibility of the plaintiff of the public interest litigation. This part from the perspective of Comparative Law, introduced a number of representative public interest litigation system from two system. Special inspected the various systems of public interest litigation plaintiff eligibility. The first is the civil law, including Germany, France, Japan, Italy, representative system of public interest litigation include, the typical public interest litigation, groups litigation system, instead public interest litigation, the procuratorial organs file for public interest litigation. The second is common law, including the United States, the United Kingdom, India, the representative of the Public Interest Litigation include class action, Relater Action , letters of jurisdiction, the Attorney General and specific organs filed for public interest litigation. The third is a comparative analysis, on the basis of summing up the main countries of the public interest litigation, Summed up the main countries of the public interest litigation for the main types and specific provisions related, for the establishment of public interest litigation system in, and to determine the plaintiff of public interest litigation .The third part analyses the status quo of the eligibility of the plaintiff of the public interest litigation in China and finds the problem of it. although there isn't the concept of public interest in litigation, few clauses of the public interest litigation can be found in the law. Secondly, from the practice of public interest litigation, analyses the plaintiff of public interest litigation for the current situation in China, pointing out that citizens of the plaintiff eligible for Public Interest Litigation strictly limited, and social groups can't be the plaintiffs of public interest litigation, and procuratorial organs and other government agencies can not be brought to the plaintiff status in public interest litigation. Finally, when on the basis of inspecting the China Public Interest Litigation plaintiff eligible in legislation and practice, summarize the problems of public interest litigation plaintiff in China.The fourth part on the basis of the comparison with other country and the actual situation in China, I argue that all of the citizen, caste and Procuratorial organs have the qualification of plaintiff in public interest litigation. Then I discuss the theoretical basis of this reform, the problem which would be like to arise and the appropriate measure of the solution. Firstly, it's appropriate to endow the qualification to the citizen and the theoretical basis of this reform lies in the Qualified parties Theory . The problems that maybe arise include the lack of initiative, lack of strength litigation, litigation cost burden is too heavy and indiscriminate v. issues, and address issues of the solution. Second is to give the community groups for the plaintiff public interest litigation. Its theoretical basis is the right to manage disputes and litigation trust doctrine theory, is the problem facing the difficult social groups eligible to be registered, and do not have the legal capacity may malicious litigation groups, social groups, it has standing to initiate the payment of compensation and other issues of the appeal, and further proposed solution. Third, given the procuratorial organs public interest litigation for the plaintiffs. The author pointed out that in the first given for the plaintiff, the procuratorial organs must be cautious, and procuratorial organs because of its unique status as a public interest litigation status of the plaintiff shall add further to its analysis of public interest litigation for the main theoretical basis of its face clarify issues and problem solving. Thus pointed to the need for extensive empowering citizens, and social groups, the procuratorial organs public interest litigation for the plaintiffs, but also the design of the system must be adopted to solve its potential problems.Third, given the procuratorial organs public interest litigation as the plaintiffs. The author pointed out that in the first given procuratorial organs for the plaintiff, Must be cautious, and because of procuratorial organs' special status, As a public interest litigation plaintiff shall be supplement status, Analysis the theoretical basis of giving to public interest litigation qualified parties. Analysis of the problems they face and to clarify the way to solve the problem. Thus pointed to the need to make Citizens, community groups, the procuratorial organs can file for Public interest litigation as plaintiffs. But we must also be adopted by the design of the system to solve its potential problems.