Plaintiff Qualification Of Civil Public Interest Litigation

The Standing Committee of the Eleventh National People’s Congress passedDecision of the Standing Committee of the National People’s Congress on RevisingCivil Procedure Law of the People’s Republic of China in the twenty-eighth meetingon August31,2012, and effective as of January1,2013. The revised Civil ProcedureLaw firstly adds the article of the public interest litigation as article55. Civil PublicInterest Litigation has been involved in China Judicial practice, but the case can notreally be accepted by court and win due to the lack of support by law.In the paper, we first discuss the meaning and definition of the public interest,and concept and feature of civil public interest litigation, and then we assess the newlyrevised article55of the Civil Procedure Law based on the theory and practice ofdomestic and international Civil Public Interest Litigation. We think that it is valuableto add the article of the public Interest Litigation in the newly revised Civil ProcedureLaw. It is the tremendous progress in legislation on the public interest litigation. But itis still fuzzy on the definition of main body of public interest litigation. The idea thatindividual citizens act as main body qualification of the public interest litigation is notrealized. Combination of theoretical research and China’s actual situation, we thinkthe procurator organs, administrative organs, public organizations and citizens shouldbe given Public Interest Litigation rights, and apply the Litigation model thatProcurator Agency lead Public Interest Litigation, and public interest organizationsparticipate actively, and executive authorities participate moderately, citizens join inmain body of Public Interest Litigation.The idea of the body qualifications of the Public Interest Litigation may be notperfect due to the author’s knowledge and word limitation in the paper. Hope morepeople can pay attention to the subject of Public Interest Litigation and give their ownideas and insights to make our civil public interest litigation institution perfect.