The Civil Public Interest Litigation Plaintiff Qualification Research In Our Country

The public interest litigation system is established in the process of themodification of the civil procedure law, which solved two big problems plagued thepropulsion by public interest litigation system, solved when there is no "direct stakes"when people filed a public interest litigation legal obstacles; and qualified thesubstantive law to plaintiff’s subject expansionary. However, the practice of publicinterest litigation in our country is not abundant. Many problems involved judicialproceedings, still need to explore and perfect through continuous practice.This article obtained from our country civil public welfare lawsuit plaintiffqualification to open the civil public interest litigation procedure, and is nowestablished in the civil procedure law of the two kinds of plaintiff qualification, froma legal source, the judicial practice, demonstrates the intervention methods, etc, aswell as to the different types of litigation subject’s priorities are expounded.The definition of public interest litigation is presented scientifically in this paper.On the basis of value pursuit, the paper also analysis the necessity of legal protectionof public interest litigation and urgency in-depth, through earnest, rigorous thinkingand idea, view the relevant treatises, and use the network of public interest litigationpractical and index, understanding of relevant research results at home and abroad.By using comparative analysis method, the paper analyze two types of civil publicwelfare lawsuit plaintiff existed. The individual civil as the plaintiff of public welfarelawsuit is also expounded. Through analysis of advantages and disadvantages, thewriter is looking forward to giving individual the right to sue a public interestlitigation within a certain range in the judicial practice of the future.This paper firstly focuses on lack of public interest litigation in civil judicialpractice. Through presenting to the domestic loss case, food safety and somebackground information about the public welfare lawsuit, the writer tired to presentthe urgency to put civil public interest protection into judicial area. Through analysisof the result of civil public interest litigation cases in the judicial practice, the paperinterprets the helpless of justice in the public welfare lawsuit, and puts forward that the barriers in clarifying the determination of plaintiff qualification might make thecivil public interest litigation prosecution difficultBased on the theory of civil public interest litigation plaintiff qualification andthe argument of legal value, the paper illustrates that the diversity of the plaintiffqualification is the inevitable choice of civil public welfare lawsuit’s. Put forward toprocuratorial organs, social organizations and individual citizens to the establishmentof civil public interest litigation plaintiff qualification system, and in the judicialpractice, more than likely the case sued phenomenon, analyzed emphatically, clearpriority problems between civil main body, but which is not the exclusive.After the modification of the civil procedure law promulgated, our countryacademic research of civil public interest litigation related theory research shouldconverse from traditional legislative theory to today’s judicial explaining theory, thetheory of conversion, the specific apply of civil public interest litigation issues. At theend, the civil public interest litigation in China is conducted a comprehensivedescription of procedure guarantee over the jurisdiction of the civil public interestlitigation cases filed, and proof, such as the statute of limitations for the outline, thefeasibility of building the public welfare lawsuit system in our country.