The Empirical Analysis Of China’ Civil Public Interest Litigation Plaintiff Qualificatiaon

Since 2012, "Civil Law" provides for the first time since the Civil Public Interest Litigation,all relevant branches of law and judicial interpretation of the system requirements and further improvement,improve the system of legislators is obvious.But in comparison, the regime for public interest litigation filed a civil plaintiff’s eligibility requirements has become too general, it makes the judicial practice, the law expressly provides that the "authorities and relevant organizations to law" as the plaintiff filed a civil public interest litigation cases it is difficult to obtain a judgment from the trial in the case, and could not even get the court filing accepted, and thus can not be more effective protection of the public interest.The first part, through a few typical cases of the new civil public interest litigation "Civil Law" before and after the enactment of the empirical analysis, described in our judicial practice in Civil Suit System requirements for the qualification of the plaintiff existing problems. The second part, by exploring civil public interest litigation plaintiff suitable basic theory, seeking to expand our range of civil public interest litigation plaintiff main theoretical basis. The third part, respectively, through the study of the United States, Britain, Germany and Japan, four civil public interest litigation system is relatively well-developed national body for civil public interest litigation plaintiff’s relevant laws and regulations, and with a comparative analysis of the provisions of the civil public interest litigation for plaintiffs subject system perfect for our relevant system put forward reasonable proposals. The last part is the original foundation of our system of civil public interest litigation plaintiffs subject to the eligibility of the plaintiff’s scope expanded rights that were given to prosecutors and private citizens to bring civil public interest litigation, as well as to further improve the social organizations as the plaintiff filed public interest litigation in civil law provisions, and the construction of the main plaintiff above three civil public reasonable recommendations.