Study On The Plaintiff Qualification Of Civil Public Interest Litigation

With the development of society, especially the rapid economic development, the new interest of statutory rights (including the public interest and private interest) come out one after the other. Because the statute of limitations, the new interest was not timely into the framework of existing legal protection, social welfare but also suffered serious damage. When a new benefit based on the above dispute, although the parties based on the concept of program, advocates of the interests as being incorporated into the proceedings. But in the Civil Procedure Law,"directly interested party principle " requiring proper legal entity should be the real rights and obligations of a person of interest.When the new law has not yet been confirmed, the real interests of the principal can not be appropriate Party cells, so physical sense of the right of appeal will not be achieved. We should recognize that, in a rapidly changing society, the existing substantive law can not be expected to cover all needs of the interests to be protected by law. People who enjoyed the interest of litigation can request a judicial remedy. Under this circumstance, it can not deny the legitimacy that some of the stakeholders mentioned the judicial relief. This is done by judicial practice, which affirmed the legitimate interests of the parties claim. In view of this, it is necessary in the proper party to expanse the legal conditions of parties.From the perspective of public interest litigation, it demonstrated for Proper Party in the framework of the civil litigation (proof reasoning). Text is divided into two parts. The first part describes the relevant elements of civil public interest litigation and for the current civil law theorists eligibility requirements related to the plaintiff. The second part, the author learned and researched the plaintiff qualified of the civil interest litigation from other countries, combining with the relevant public interest litigation cases in China, in China giving some of the main body, Such as prosecutors, community groups, individual citizens and certain administrative functions with the public administration body, giving their reasons for the plaintiff qualified and analyzing them as a civil plaintiff in the pros and cons of public interest litigation. On this basis, taking into account the continuous development of society, the complexity of the social subjects, the avant-garde and stability of the civil law, on the existing foundation, the author proposes a new subject, hoping its appearance can cover and perfect the plaintiff of the civil public interest litigation.