China Civil Proceedings The Plaintiff Qualified Research

Plaintiff qualification is a prerequisite for the Civil Public Interest Litigation. A unified structure of plaintiff qualification in Chinese civil litigation has become an obstacle to the development of Chinese Civil Public Interest Litigation. Plaintiff qualification is the first problem to solve for the establishment of Chinese Civil Public Interest Litigation System.Paper consists of four chapters to study Chinese issues in plaintiff qualification of the Civil Public Interest Litigation:Chapter I explains the general theory of plaintiff qualification in public interest litigation and the basic concepts of Public Interest, Pubic Interest Litigation, Plaintiff Qualification, and proposes the conflict between the Civil Public Interest Litigation and the traditional theory of civil litigation, believing that the plaintiff qualification diversification is an effective way to resolve this conflict.Chapter II discusses legal qualification requirements between the Common law and Continental Law, comparing the similarities and differences in the two legal systems.Chapter III gives the analysis of plaintiff qualification in Chinese Civil Public Interest Litigation from legislative and judicial status and discusses the existing problems.Chapter IV proposes a number of legislative ideas about plaintiff qualification in Chinese public interest litigation, first proposed recognized principles of plaintiff qualification in Chinese Civil Public Interest Litigation, followed by analysis of necessity and feasibility of diversification in plaintiff qualification of Chinese Civil Public Interest Litigation and discussed the prosecutors,social organizations and individual citizens how to sue in the Civil Public Interest Litigation, and finally analysis of the security measures for plaintiff qualification in the Civil Public Interest Litigation.