Research On The Plaintiff Qualification Of Civil Public Interest Litigation

Abstract:While the previous Civil Procedure Law of the peoples’Republic of China is limited to the protection of private interests, which leads to the lack of plaintiff qualification in civil public interest litigations, Article55of the present law stipulates that some related official organs and social groups which have been legally acknowledged enjoy the plaintiff qualification of civil public interest litigations. The article, however, not only puts a strict restriction on the plaintiff qualification of official organ and social groups, but also denies the plaintiff qualification of citizens. Thus, in order to develop and improve the plaintiff qualification of civil public interest litigation through legislation, we need to acknowledge the plaintiff qualification of particular official organs and particular organizations, namely administrative organs, procuratorial organs and particular social groups. In the meanwhile, with the fast development of civil public interest litigations, we need to acknowledge the plaintiff qualification of citizens. Then it is necessary to put it clear that only when these four types of subjects meet some legal demands, they are entitled to bring such civil public interest litigations. What’s more, it is also necessary to arrange the order of these different plaintiffs, no matter in environmental or consumptive public litigations. In addition, we should set up several legal systems, including encouraging system, system of litigation costs, evidence system and system of legal aid, to guarantee the realization of their plaintiff qualification.