The Civil Public Interest Litigation Plaintiff Qualification Research In Our Country

For thirty years of reform and opening up, China’s economic development and legal construction has made great achievements. But in the process, it also appeared some phenomena damaging public interests and social safety. These phenomena can’t get completely solved via the traditional litigation system and administrative means, so the civil public interest litigation system has caused more and more attention. Compared to those countries with the developed civil public interest litigation system, China has not set up a civil public interest litigation system. Although in2013, the civil procedure law has regulated some provisions of the civil public interest litigation, the specific system construction is still not relevant to laws that are clearly defined. To construct a reasonable and legitimate civil public interest litigation system, civil public interest litigation plaintiff qualification system is the most important and most fundamental of a system construction. Due to the lack of theories, legislation restriction and other reasons, how to construct our country civil public interest litigation plaintiff qualification system stays quite a big problem arousing the law dispute. Based on the actual situation in our country and present legislation situation, the author put forward some ideas and suggestions for our country civil public interest litigation plaintiff qualification system from the civil public interest litigation system of macroscopic view and with reference to foreign civil public interest litigation of the developed countries.This paper will be divided into the following four parts:From the macro point of view of the civil public interest litigation, the first part carries on a comprehensive analysis, and defines some common concepts of the civil public interest litigation:public interest, public interest litigation in detail. Secondly, it summarizes some commonly seen viewpoints about civil public interest litigation. Division with reference to the foreign public interest litigation system, the writer will delimit civil procedure, and the definition of civil public interest litigation. Finally, the author compares the civil public interest litigation and private interest litigation.The second part from the concept of the plaintiff qualifications, the concept of the civil public interest litigation plaintiff qualification.The author has analyzed our country academic circles of civil public interest litigation plaintiff qualification of the two kinds of views, and on the two viewpoints are expounded. At last, through the analysis of the article section55of the civil procedure law in our country, concludes that our country to the diversification of civil public interest litigation plaintiff qualification held by the attitude.In the third part, the paper discusses and summarizes the civil law and common law of civil public interest litigation plaintiff qualification system from the aspect of comparative law. First of all, it introduces the common law of civil public interest litigation plaintiff qualification system, and analyzes the relatively better the United States civil public interest litigation plaintiff qualification system of laws and regulations. And for seizing of India’s civil public interest litigation plaintiff qualification system, in addition to bring the positive role of the study, but also to the existing problems are analyzed. Besides, it discusses the mainland legal system of civil public interest litigation in the development of the first German civil public interest litigation plaintiff qualification system in detail, and the Japanese civil public interest litigation plaintiff qualification system which mainly focus on the recent years in the public interest litigation plaintiff qualification of improvement. Finally, on the basis of the civil public interest litigation plaintiff qualification system, it compares the two major legal systems of the plaintiff qualification range and system construction.In the fourth part of the paper, the author studies the relevant provisions of the legislation and judicial practice from three aspects based on our country’s civil public interest litigation plaintiff qualification status, which is separated from the limitations of the theory,. First of all, it puts forward the civil public interest litigation plaintiff qualification theory restriction in view of our country the civil litigation plaintiff qualification theory at present. Besides, based on China’s current legal status, it discusses the civil public interest litigation plaintiff qualification theory system construction of necessity. Finally, it analyzes the civil public interest litigation plaintiff analysis of the current situation, taking the up to five years of the great influence of civil public interest litigation case as an example. The fifth part the paper put forward the construction of civil public interest litigation plaintiff qualification ideas based on the current civil public interest litigation plaintiff qualification present situation, and from several aspects. First of all, from the theory of our country, the breakthrough and improvement of the traditional civil litigants theory. Secondly, to the civil public interest litigation plaintiff had three aspects of conception, civil public interest litigation plaintiff qualification gives three subjects:individual, procuratorial organs and social groups. In this paper the author personal as civil public interest litigation the plaintiffs value, significance and the procedure to carry on the research, the procuratorial organs become civil public interest litigation the plaintiffs research is from the feasibility, the scope and the way of the three aspects, for social organizations become civil public interest litigation plaintiff research adopted a necessity, conditions and procedures three Angle.