On The Plaintiff Qualification Of The Civil Public Interest Litigation

With the development of the society, people’s standard of living getting betterand better, they will pay more attention on their rights.In a globalized informationsociety, the issues of undermining the public interest have beenhighlighted.Protecting the public interest has become an inevitable trend of socialdevelopment.As an important means of protecting the public interest litigationsystem has been paid more and more attention.The establishment of acomprehensive system of public interest litigation has been put on the agenda.Theestablishment of a comprehensive system of public interest litigation in China is ofgreat significance.On one hand, it will improve the system of public interestlitigation,will enrich our country’s legal system,let the legal system of our countrybe more perfect. On the other hand, to establish public interest litigation system willbe able to safeguard public interests better and make social stability anddevelopment.To establish a comprehensive system of public interest litigation,Firstlythe qualification of civil public interest litigation issues has to be solved.In2012the new Civil Procedure Law stipulate If there are some acts againstpublic interests,for example, Polluting of the environment,harming interests ofconsumers.the relevant authorities,relevant organizations can bring a lawsuit to thepeople’s court.Although the introduction of the public interest litigation is a majorstep forward for the country’s legal system.In the new regulations,The provisions ofthe civil public interest litigation are not clear enough.The concept of the plaintiff inpublic interest litigation is a wide range.There is no specific provisions in practiceguidelines.At the same time the individual citizens are not included.As a researcher, we should adapt to social development, efforts to exploresolutions to the problem.Try to provide some help to improve the relevant system.That the regulations gives prosecutors,community groups,individual citizens,civilpublic interest litigation plaintiff qualification is theoretically feasible.Althoughtraditionally "parties fit theory" is not able to provide theoretical support for the appropriate plaintiff in public interest litigation. the new theory solve theproblem.The theory of the benefit of litigation and litigation trust matured. Thosetheories provide a theoretical possibility for the organizations and individualsbecoming the plaintiff in public interest litigation.That problems were solved intheory laid the foundation for public interest litigation system.In our country,Procuratorial organs, social organizations,individual citizensshould be given to the plaintiff qualification in the future construction of the publicInterest litigation system.While both in common law countries and civil lawcountries, civil public interest litigation system appears relatively early, so thedevelopment of civil public interest litigation system is more mature.There are manyplaces are worth our using for giving the plaintiff qualification to the related parties.For example USA prosecutor, attorney general represents government in the publicinterest litigation; group litigation system play an important role in solving the publicpolicy issues,those provisions of the German group lawsuit by other countrieslearn gradually become common normal. In this paper, using the method ofcomparative analysis, the legislative law analysis and other methods,This papercompared the specific provisions in the countries of Anglo American law system andcontinental law countries.The comparison of extraction is worth learning, advancedpractice.This paper combined with China’s specific conditions,try to construct ourcountry’s civil litigation plaintiff.