Instituting Civil Public Interest Litigation Individual Citizens

The traditional civil action mode as a way to deal with disputes on private interest that the victim give judicial relief, its fundamental purpose is settling disputes in order to resolve disputes between equal entities. However, many problems caused by the rapid economic development has gone beyond the traditional scope of civil litigation can control, especially in the field of civil and commercial matters, because the selfish desire and violated the public interest causes many social problems, which require to build in our country new litigation model- civil Public Interest litigation in this litigation mode voice increasingly louder. In 2012, the civil legislation of public interest litigation is finally filled the litigation of public interest in this legislative gap. Whether the civil procedural law academic ideas and build public interest litigation research, or public interest litigation system has entered a civil action, the plaintiff qualification of civil justice in the field of public interest litigation practice are public, legal theory and legislative concerns focus. The main scope of this level in the plaintiff, on whether to incorporate the issue of citizens within the main scope of the plaintiff’s civil public interest litigation is always controversial high, difficult to draw conclusions unanimously approved by all parties. Whether this basic provision from the Constitution gives citizens the right to manage state and social affairs of the public view, or on countless citizens between personal interests and the interests of the public both in terms of social contact, give citizens ahead of the Public Interest Litigation right, is not only a reflection of their basic rights in the management of public affairs, public relief when it is not, the public interest in effective social relief supplement. However, given the right of individual citizens ahead of the Public Interest Litigation involves many issues, not only to consider the theoretical support of this view, but also consider this approach may bring problems and responses to these questions.In this paper, starting from the Civil Procedure Law to modify, for the citizens shall enjoy the right to public interest litigation filed a civil discussion elaborate on the current status of the judicial civil public interest litigation, with the results of theoretical research and public interest litigation lawsuit outside of successful development experience, respectively the legislative process concerning the views of citizens to sue, giving citizens the right to sue public interest litigation filed a civil reasons to exercise the right to sue in civil public interest litigation against citizens reasonable restrictions to prevent possible abuse of the right to appeal against the result of other legal issues such as profit analysis.