The Study On The Civil’s Qualification Of The Civil Public Interest Litigation

With the continuous progress of the nation-building of the rule of law, publicinterest litigation has become the hot issues of social concern in China. The newamendments to the Civil Procedure Law in2012clearly defined public interestlitigation with Chinese characteristics for the first time: such harming the publicinterest as environmental pollution and harming many consumers legitimate rights,the law authorities and relevant organizations have rights to submit these cases to thecourt. Since then, public interest litigation has been more explicit legal basis and thequalification of public interest litigation has been clearly defined. At the same time,we also see that this provision seems to exclude the possibility of individualcitizens.Maybe, lawmakers introduced such a provision in order to prevent thephenomenon of abusive lawsuits. However, in the practice of law, there are more andmore enthusiastic about individual citizens caring public welfare and even filingpublic interest litigation. Although the law makes a great progress, but also has astrong avoidance. As researchers, we can start from the law, explore greaterpossibilities to adapt to the practical requirements and improve the system design.The article aims to analyze the civil’s qualification of the civil public interestlitigation. This article uses the comparison method, draws the U.S civil litigationsystem, whistleblower litigation system in the United Kingdom and the people ofGermany litigation system so on.Propose to give individual citizens the qualificationfor the deficiencies of the existing laws and future trends. However, in order to havethe qualification, both theoretical and practical problems need to be addressed. Go onsystem design by practical considerations and theoretical support.There are five parts in this paper: The first part is a theoretical study of thepremise of public interest litigation. The basic theory of public interest litigation(define what the public interest is,the public interest on behalf of the mechanism aswell as the concept of public interest litigation,etc)can help us know clearly about theexpansion of the qualifications. The second part is about the research on behalf of themechanism of the public interest. Public interest representation mechanisms and public interest litigation qualification are closely related. Traditional public interestrepresentation mechanisms include the main representatives of the public interestmechanisms and additional mechanisms for representation of the public interest.Setting individual citizens into the mechanism of representatives of the public interest,and to some extent, can prevent the omission of the procurator organs and socialorganizations. The third part is the study on individual citizen’s qualification of publicinterest litigation. Existing theories of the parties to the proceedings, the right toappeal the expansion theory and of expansion theory as a theory of individual citizensfiled public interest litigation support. Meanwhile, in order to prevent possible abusev. phenomenon establishing the hearts softened except the standard. The fourth part isthe programming of individual citizens filed public interest litigation. To establish thesound litigation incentive system with abusive lawsuits prevention mechanism isnecessary to safeguard the rights of citizens to participate in public welfareundertakings, but also to prevent the abuse of the right to sue. To perfect the systemof the burden of proof upside down. The fifth part is the conclusion; it is a summaryof the full text.In short, in this article, the qualification of the public interest litigation is givento the individual citizens and the public interest litigation system is designed, so it canmake up for the deficiencies of the existing regulations, can both mobilize theenthusiasm of citizens and prevent abusing rights.