Theory Of Public Interest Litigation Plaintiff Qualification

Public interest litigation is relative to the private interest litigation, the earliest originated in ancientRome period program procedure. About the definition of public interest litigation although there is no aclear and unified, but to sum up, is mainly refers to a specific state organs, social organizations or citizenswithin the scope authorized by the laws of the state interests and public interests of the offender or socialorganizations filed a civil lawsuit activity. Public interest litigation system has a good development in somedeveloped countries under the rule of law and perfect, the public welfare lawsuit system in Britain and theUnited States the most advanced and perfect. For our country, due to the modernization of legal system inour country started relatively late, development degree of the rule of law in contrast to Britain and theUnited States there is a certain gap. Along with our country economy and the deepening of the reform ofsocial system, China’s economic and social development has made unprecedented progress, which isassociated with the rapid economic development in the process of producing a series of social problems.Due to the extensive style of economic growth in China, environmental pollution and environmentaldamage events emerge in endlessly, plus some social and economic aspects of the legal system is notperfect and poor regulation, infringes upon the lawful rights and interests of consumers became more andmore events. These problems are due to the rule of development of China’s social transition. Public interestlitigation system formally in such a social background has been on the agenda.Nearly more than ten for years, all kinds of violation of public interests and national interests of thecase, these cases are not only numerous victims, at the same time social harm caused by the very widerange of aspects, the traditional litigation model and the civil litigation concept has been difficult to copewith and solve this kind of case, so it is necessary to break through the traditional litigation model,introduce the public welfare lawsuit system. So a system of public interest litigation academicunprecedented favor, studies of public interest litigation present situation of the beginning. At the sametime, public interest litigation cases has been the focus of media attention, often in violation of publicinterests and many consumers, media and public opinion will give close attention, not only to a certainextent, improve the citizen’s right consciousness, the case of damage the public interest has also played asupervision and warning role. But, for a long time, public interest litigation is a kind of wandering in the edge of the law of alternative actions. Due to a lack of theoretical support and clear provisions of the law,the development of public interest litigation in our country, almost in a blank state, until the civil procedurelaw in2012changed to add the provisions of the public welfare lawsuit system.New revision of the provisions of article55of the civil procedure law,"to pollute the environment,infringes upon the lawful rights and interests, such as many consumers behavior harm social publicinterests, laws and regulations of authorities and relevant organizations may bring a suit before a people’scourt." This regulation timely response to the social public interest demands. Therefore is regarded as thehighlight of the civil procedure law revision, and finally by the concept of public interest litigation systemtransformation of research for real legislation, a big step in a legal system to break the ice, will open thegate of public judicial protection mechanism, the end of the long were the embarrassing situation of publicinterest litigation in the method. But only a provision and seem to be very thin and not the sound system onpublic welfare lawsuit system design, especially the rules of the eligibility of public welfare lawsuit mainbody are clear enough. Public interest litigation subject of eligibility of the plaintiff qualification problem,is the core of the public welfare lawsuit system must first to solve the problem. Citizens, procuratorialorgans and administrative organs, social groups who filed a public interest litigation is more appropriate?Who "to make the plaintiff" more accord with China’s national conditions, more help to practice? Theauthor will first from our country the problems of serious public interest, public interest litigation system ofits own value and the current our country public interest litigation into the specific provision of law toillustrate the necessity of public interest litigation in our country to set up, then the author will focus on thespecific analysis of the domestic academic and theoretical circle about public interest litigation the plaintiffmain body types such as the procuratorial organs, administrative organs, social organizations and individualcitizens of the dispute and the eligibility of the plaintiff of public interest litigation abroad researchsituation, finally the author will according to your own research analysis demonstrate the eligibility of theplaintiff’s public welfare lawsuit main body type.