On The Research Of The Plaintiff Qualification Of Civil Public Interest Litigation

The Civil Procedure Law was amend in2013,public interest litigation system into lawthis great feat Caused widespread concern,especially for public interest litigation plaintiffqualification argument is in full swing. Relative to the Anglo-American countries, theconstruction of the system and improve the mechanism has not yet reached a very high level.In recent years, the rapid development of China’s economy and the deepening economic levelof social reform has been an unprecedented increase, while rapid economic growth has alsobrought a series of social problems, such as increasing environmental pollution incidents,consumer rights have been violated events endless. Emergence of these social problems anddid not support the social management and legal systems of governance to be solved, publicinterest litigation has been written to the Civil Procedure Law is the strong voice of the publicinterest in protecting society came into being. Improve civil public interest litigation is clearthat the main premise qualify as eligibility plaintiff, the plaintiff has a clear eligibility ofpublic interest litigation to be able to start the program, so this article select the mostimportant public interest litigation in the judicial practice is also the most urgent problems arediscussed-civil Public Interest litigation issues.《Civil Procedure Law》Article55"of the pollution of the environment, harm the publicinterest against the behavior of many consumers’ legitimate rights and interests, institutionsand relevant organizations law can bring a lawsuit to the people’s court." The author of thePublic Interest Litigation Plaintiff Qualification held expansionary view that the expansion ofeligibility should be based on the theory of party interests party theory and the theoreticalbasis of the program on the appeal, the two theories are no longer confined to the physicalbasis of the plaintiff’s direct qualification relations, but stressed that the legitimacy andprocedural interests of litigants can be protective. Based on the theory advocated theexpansion of the individual citizens of the body into the plaintiff qualification range. For the"authorities law, relevant organizations," the author describes the definition of their views,and the reasons for system analysis and design integrity. Around these two ideas, this paperdescribes the system is divided into four parts.The first part of that public interest litigation filed a civil plaintiff qualification issues. Since2013mainly for the enactment of the new law problems in judicial practice in the formof a simple list of typical cases. Summed up in two aspects are also the focus of this writing,the eligibility of individual citizens and the plaintiffs’ law authorities relevant organizations"how to define the problem.The second part is an extension of the Public Interest Litigation Plaintiff Qualificationtheoretical analysis. The author argues that the expansion of the traditional parties theory, thetheoretical basis of the interests of the parties to the theory and theoretical appeal procedures.The third part focuses on giving individual citizens plaintiff eligibility issues. From thejudicial point of view leads to a personal situation, and then expounded the theory of personalopinion and necessity of, and advocate for the plaintiff qualified individual citizens to limitproblems that may arise.The fourth part is the definition of "law authorities relevant organizations," the. Thissection is divided into two smaller parts to describe, that "law office" and "concerned"explained separately. Starting from the need to practice the "law office" interpreted asprosecutors and the executive, and the reason analysis, the author of the proceedings will beeasy to design two types of the body; on "relevant organizations" and the establishment ofconditions for perfect body I made a personal point of views.