The Plaintiff’s Theory Of Civil Public Interest Litigation

In our country judicial practice,the effect and experience of procurational organs and citizen prosecute to the court about civil public interest litigation,it proves that citizens shoud be given the prosecution of civil public interest litigation qualifications.Followed by the procuratorial organs and related organizations should also be authorized,by the law,the civil public interest litigation subject qualification,to truely implemen their duty of maintaining the public welfare.So no matter from the theory or the judicial practice,shoud expand the lawsuit qualifications,build multivariate and channels to safeguard public interests.This paper process mainly uses the following research methods.1、Historical study method:The definition and scope of the civil public interest litigation concept,using historical analysis method,summarized,analyzed the pros and cons.Providing a way of thinking,in order to establish a scientific litigation representative system.2、Comparative analysis:All around the world,each coutry to solve disputes system through the comparative analysis method,the anatomy of world typical plaintiff system.The civil public interest litigation in Chinese building and development draw lessons from advanced concept.3、Empirical analysis:In this paper,at the beginning of the states of typical public interest litigation system,I undertook subsfantial material study,collecated national pbulic interest litigation history and statused quo and the legislative background.At the same time,I researched on the cultural difference in aspects such as materials,cases analysis of advantages and disadvantages,and public interest litigation in general.From the empirial point of view,for the construction of our country’s public welfare litigation location research and discussion. The public interest feature and essence of in-depth analysis,for the public interest litigation scope science,reasonable definiton provide a basis.Through to other countries and China Taiwan region typical civil public interest litigation system are introuduced and compared,from the start,in vies of our country preseng representative lawsuit system legislation flaw depth analysis,combined with Chinese new civil procedure law amendment draft new regulation on public interest litigation,to establish the civil public interest litigation plaintiff qualificaton system reference.