Public Interest Litigation Plaintiff Research

Public interest litigation in the moment China has become a positive action aimed at promoting Chinese rule process. With the rapid development of economy, environmental pollution, food safety and other issues occur frequently, public interest litigation has already started to change the actual action from the main parties actively practice the concept of academic discussion. Since the law has not been clearly defined, immature development of civil society, such as a serious lack of litigation strategy and skill difficulties seriously hindered the pace of advance public welfare. 2012 modified implementation of the "Civil Procedure Law" will incorporate public interest litigation system, so to see the dawn of the judiciary to protect the public interest.Because of judicial neutrality, which determines the court will not hear any one case the initiative to start litigation needs some body to exercise, that is to say who will act as the plaintiff is the most important issue of all the proceedings, given the appropriate subject of public the right to appeal, whether the public interest litigation is an important prerequisite to carry out a fair and efficient, so I selected the "public interest litigation plaintiff’ theme. Since most previous studies theorists are no public interest litigation system, designed around the system expanded to investigate what could become the subject of public interest litigation plaintiffs, and as "Civil Law", "Consumer Protection Law" changes constantly draft of "Environmental Protection Law", the author attempts to judicial practice based on the latest, starting from the relevant provisions of existing laws on public interest litigation plaintiff, in-depth interpretation of existing laws, combined with the current situation of our country under the community The plaintiff should have expectations and the actual concerns of public interest litigation in order to seek the plaintiff may range from merely of public interest litigation in the "looks beautiful" level.This paper will be divided into five parts:The first part of the introduction. As explained in this section are written public interest litigation Civil Procedure Law, the regime of research should shift from past legislation on the judicial theory to explain the theory. Given the current public interest litigation in the early establishment of its scope should not be too wide mainly for environmental pollution, damage to the interests of consumers are two types of cases, while the plaintiff has been the focus of theorists discussed in the past some of the theory and practice of justice our studies show that the plaintiff should diversified public interest litigation situation.The second part of the questions. This part of the complaint by any Jiangang Tongling Ultra Color Titanium Technologies Co., Ltd. and Lanzhou environmental pollution case " 4.11 " local water benzene poisoning cases indicators analyzed two cases found in the public interest litigation system established more than a year, the plaintiff does not apply grid is a lot of court cases have been blocked at the door of the main reasons that only " relevant organs and organizations prescribed by law " required by law to bring civil public interest litigation, such a seemingly clear and very ambiguous legislative provisions can really achieve who designed the system, and how can it implement and make good use of a prescribed categories plaintiff.The third part of the existing law on the interpretation of the provisions of the plaintiff public interest litigation. This section mainly through reading the revised " Code of Civil Procedure," " Consumer Protection Law" and the relevant provisions of the draft of the "Environmental Protection Law", questioning the existing categories of plaintiff law is not well protect the public interest, especially consumer associations and ACEF this government-run organization, lack of independence affecting the public interest to maintain.The fourth part of the analysis under the conditions of public interest litigation plaintiff should have expectations and practical concerns. The major part of China’s environmental protection through the current court case faced by low rates illustrate the plight of the plaintiff should broaden the scope to meet the public interest litigation system for establishing expectations, but also taking into account if lawmakers will inevitably cause the plaintiff to broaden the scope of the abuse complaints, while for maintenance of stability pressures and fears of mass incidents, limiting the scope of the plaintiff is sensible.The fifth part of public interest litigation plaintiff made possible range. This section describes Procuratorate by describing the necessity, reasonableness and other aspects of administrative functions are likely to be of public interest litigation plaintiffs state organs, social organizations and consumer associations, and not just limited to China Environment Federation, should be broadened to a number of civil society organizations, we also need to gradually expand the scope to individual citizens, in order to better functioning of public interest litigation system.