On China’s Public Interest Litigation Subject Qualification

In recent years, violations of public interest events or acts continue to occur, especiallyin the field of environment and consumer. Public Interest Litigation is due to social andpublic interests are violated, civil, relevant organizations, law authorities to safeguard thepublic interest, according to the people ’s court proceedings seeking judicial relief, thesanctions against the public interest violations. Public Interest Litigation is a form ofindividual lawsuits, and seek the return of the public interest. The new Civil Procedure Lawon January1,2013formally implemented, including Article55of the increase on thequalification of public interest litigation legal provisions. According to which, in case ofpollution of the environment, against the legitimate rights and interests of many consumersagainst the behavior of the public interest, statutory bodies and relevant organizations canpick up the legal weapons to the people’s court proceedings, sanctions against acts of publicinterests. From the legislative level, for the first time explicitly given statutory bodies andorganizations concerned with public interest litigation in the main qualifications. But inChina, the subject of proceedings due to eligibility restrictions, public interest litigation arefew.Articles through the use of comparative analysis, public interest litigation system fromabroad, from the legal, constitutional and procedural perspectives of our country throughpublic interest litigation on the status of the qualification, the qualification of public interestlitigation restricting our healthy and orderly development of the bottlenecks one by oneanalysis, from the legislative level and constantly improve the qualification of public interestlitigation, such as accelerating the revision of relevant laws, expressly conferred uponindividual citizens, the relevant authorities and social organizations filed public interestlitigation rights; public interest litigation in order to procure the main orderly and betterparticipation, setting PIL front program, the implementation of public interest litigationlawyer mandatory proxy system, expanding the scope of legal aid, the inclusion of publicinterest litigation and other point of view.