Research On The Due Plaintiff Of Civil Public Interest Litigation In Our Country

In contemporary China, the public interest litigation has evolved into a positiveaction aiming to promote the rule of law. People’s hearts have been struck byproblems associated with rapid social and economic development. Repeated exposureof environmental pollution and food hygiene accidents warn people that they musttake actions immediately. However, all sorts of difficulties, such as no specific legalprovision, immaturity of the civil society, lack of litigation strategies and skills, blockthe public welfare undertakings’ progress. Public interest litigation has been definedby "Civil Procedure Law of the People’s Republic of China", which amended andimplemented from2013. The judiciary will see the dawn of public interest protection.The judicial principle of neutrality means that the court never takes the initiativein any case. The action begins only when someone exercises his right to appeal. Thatis to say, plaintiff is the chief problem of all proceedings. Which civil subject shouldbe given the plaintiff’s qualification is an important premise of public interestlitigation’s efficiency and fairness. Therefore, my article’s theme is "Research on thedue plaintiff of civil public interest litigation in our country". My basic viewpoint is:the system of China’s civil public interest litigation shall be composed of the statutoryadministrative organs and qualified social groups, excluding procuratorial organs andindividuals. On this view, this article is divided into two parts, including four chapters:The first chapter is the first part: the summary of civil public interest litigation’splaintiff, which talks about the main topic generally. First of all, it introduces theConocophillips Bohai bay oil spill event that took place in the second half of2011.The case leads to the discussion of the public welfare lawsuit related concepts,including "public interest","public interest litigation", and “qualification of publicinterest litigation’s plaintiff". Then it introduces the development of the subject ofpublic interest litigation from two aspects between foreign and our country, and sumsup the main different views on this question in theory research, emphasizing on thearticle55of the new civil procedure law. Finally it discusses the conflict andcoordination of public interest litigation and private interest litigation.The second part is from the second chapter to the fourth chapter. These threechapters are in the same style, beginning with a recent related case, in order to achievea vivid effect. The three chapters consist of following content: an overview of eachsubject, illustration of their advantages and disadvantages, introduction some legalsystems of other countries and regions from a perspective of comparative law, andanalysis of the feasibility of each as a public interest litigation plaintiff. But accordingto the characteristics of three kinds of main body, the focus of the overview is slightlydifferent. Chapter two is focused on the summary of the theory about the procuratorialorgan’s historical origin and legal status. Chapter three is mainly about laws andregulations regarding to administrative organ in its present form. Chapter four is abouta theoretical explanation for social group. As to the administrative organs and socialgroups, the author put forward some suggestions on improvement measures and theircoordination. While for procuratorial organs, I mainly present negative reasons andexpound its new location after the enforcement of the new civil procedure law.