Study On The Civil Public Interest Litigation Qualification

2012The newly revised " Code of Civil Procedure," for the first time clearly defined the civil public interest litigation system with Chinese characteristics. Subject Qualification civil action with the core of public interest litigation in civil cases, a direct impact on public interest litigation in the exercise of the rights of the subject, complete delineation of the main qualifications for the future development of China’s public interest litigation has important significance. At present, public interest litigation on the subject of civil legislation remains inadequate qualifications main problem lies in the law for public interest litigation main eligibility requirements are too vague, resulting in a number of subjects because the law is no express provision in practice, but not the exercise of legitimate right, so that the rights are being infringed, the impact of the process of the development of public interest litigation. Given the current situation China has not clearly defined the specific subject qualification in the new "Civil Law ", the article attempts to Two Public Interest Litigation corresponding comparative analysis of the contents of the program, from which to explore the qualification of public interest litigation in defects, according to China’s actual national conditions, combined with the current practice of practitioners and relevant theory and research, to propose specific recommendations for improving the status of public interest litigation.Discussion paper is divided into four parts:The first part of the meaning of the Public Interest Litigation against the value of the qualification of the concept, content and public interest litigation to define the qualification of research and discussion.The second part discusses the main contents of the two legal systems of civil public interest litigation, in particular the definition of public interest litigation in the two legal scope of the qualification, their characteristics are analyzed in detail and approved the final summary and comparison of two differences and similarities between the legal systems of the part, trying to generalize the qualification of public interest litigation in today’s world of advanced concepts and ideas.The third part, the status quo of China’s Civil Public Interest Litigation Qualification legislation currently analyzed and discussed from prosecutors the right to appeal, the right to appeal the administrative authorities, individual citizens the right to appeal, relevant organizations and other aspects of the right to appeal, subject to the qualification of civil public interest litigation in depth understanding.The fourth part, for the qualification of civil public interest exists in the current problem, a delineation of specific social groups subject scope, the prosecution as a public interest litigation eligibility subject, individual citizens into subjects of public interest litigation proposals and measures to improve the range.