Individual Citizens Filed A Civil Public Interest Litigation Qualification

In a traditional civil mode as a judicial relief means in the way of dealing with disputes and its fundamental target is to resolve equal subjects of private disputes. At this stage, in the civil and commercial areas, the personal desires for infringe on public interests of the society has caused many social problems in the country, and thus calling for establish a civil public interest litigation system has become more the voice louder.Whether or not it is in the Procedural law school research and discussion about Procedural Theory, or have been referred to the Legislative Council motion on the agenda of the Civil Procedure Law modification in the discussion of public interest litigation, whether to qualifying the citizen as plaintiff’s identification of Civil Public Interest Litigation or not, it has caused concern in public, theoretical academic and Judicial practice field. While on the level concerning with to give the plaintiff’s qualifications, whether to endue citizen the same qualification is still as a stalemate and it is difficult to reach unanimous conclusion.However, no matter whether it is conferred by the Constitution from the civil administration, the public affairs of the basic point of view, but also from the social public interests and private interests citizens between1000and10,000links, Empowerment of citizens sued civil public interest litigation, not only is the basic social rights in the management of public affairs, but also a powerful supplementary in which public power lack of capability to protect public interest from violation efficacious. But when we discuss the argument that involve the given individual citizens relational seniority in Civil Public Interest Litigation or not, we had to consider the requirement about public interest protection under the reality of the situation, furthermore we must find the reliable and applicable theory as foothold, fast but not last, we must put the some negative influence which bring by this system design, such as right claim use indiscriminately, into consideration.This article start with the Civil Procedure Law revision and with the help of analyse both theory and practice to conduct dissertation. The dissertation refers to the viewpoints about citizen standing the sue in legislation discussion, how to impose restriction on the citizen exercise of their rights reasonable in order to prevent abuse right claim to violate others rights.