Study On Plaitiff Qualification Of Civil Public Interest Litigation

The plaintiff qualification of the civil public interest litigation is the primaryproblem to start the civil public interest litigation is the core of the problem. Thereasonable design will promote the healthy development of civil public interestlitigation system in our country. To solve the major social problems such asenvironmental pollution, food safety, consumer protection, loss of state-owned assetsis becoming more and more serious and the traditional civil law to solve tricky willplay a great role.The new "Civil Procedure Law" only established the "authorities" and"organization" civil public interest litigation plaintiff status. Does not involve theproblem of civil plaintiff qualification. The newly revised "consumer protection law"only affirmed the Consumers Association of public interest litigation plaintiff status.Being revised in the "environmental protection law" also affirmed the environmentalprotection agency of civil proceedings the plaintiff status. In view of the provisionson the plaintiff qualification of the civil public interest litigation fuzziness, law andenvironmental protection law provisions on the plaintiff qualification of the civilpublic interest litigation harsh nature of theory circle and practice circle haverepercussions, many experts and scholars have launched a strong criticism of theprovisions. Therefore, it is necessary for us to study the plaintiff qualification of civilpublic interest litigation, to provide a feasible suggestions or opinions to thedevelopment of civil public interest litigation system in our country.In this paper, the status quo of China’s civil public litigation, analysis, dividedfour chapters separately on the civil procedure law, such as the newly revised law"legal authority""organization" and "citizen" of the plaintiff qualification of civilpublic interest litigation is analyzed. The first chapter is the plaintiff qualification ofthe civil public interest litigation overview, mainly introduces the importance andnecessity of the meaning, characteristics and Research on the plaintiff qualification ofthe civil public interest litigation. The second chapter discusses "the plaintiff qualification of the civil public interest litigation legal authority". In this chapter, thedefinition of "legal authority" that, in our country, with the plaintiff qualification ofthe civil public interest litigation only procuratorial organs and administrative organs,so this chapter in the definition of "legal authority" of the subject qualification of civilpublic interest litigation the plaintiff qualification of the civil public interest litigationprocuratorial organs and administrative organs of the study. The third chapter is "thequalification of the civil public interest litigation plaintiff related organization", in thischapter the author investigated the extraterritorial and domain "organizations" in thecivil public interest litigation plaintiff qualification status and puts forward theauthor’s opinions and suggestions on this issue. The last chapter discusses "theplaintiff qualification of the civil public interest litigation of personal", the authoranalyzes the advantages and disadvantages of the civil public interest litigation onindividual citizens put forward my own personal about plaintiff status in the civilpublic interest litigation in the claims and related basis. Through the above fourchapters, the author hopes to basic introduction to the plaintiff qualification of thecivil public interest litigation in our country at present and puts forward the personalabout this problem a little bit of advice and suggestions.Throughout the text, the author thinks appropriate to relax the healthydevelopment of civil public interest litigation plaintiff qualification can play the valuegoal of the civil public interest litigation system and promote the socialist road ofChina’s rule of law.