A Study On The Subject Qualification Of The Plaintiff In The Civil Public Interest Litigation

In August,2012, the system of civil public interest litigation was established in the Civil Procedural Law modified for the second time, the Civil Procedural Law modified in the scope of the civil procedural law has been seen as a bright spot, the establishment of the system is of the greatest importance in this system. The establishment of the system filled in the blank of the legislation on the civil public interest litigation and laid a foundation for the further development of the system. It is seen as an advance of greatest importance in this system because it removes the legal obstacle for those who have no direct interest to institute the civil public interest litigation. In addition, the establishment of the system means the positive law has made expanded regulations for the subject qualification of the plaintiff. However, the judicial practices of the civil public interest litigation are not very abundant in China. As far as the procedures for civil litigation are concerned, more practices are essential for people to explore and improve the system. Thus, the thesis starts from the basic theory of the plaintiff’s qualification in the civil public interest, then makes a comparative suggestion in foreign countries, and puts forward concrete suggestions on improving the system on the basis of the sufficient research into its current situation in China, hoping to be helpful to the further improvement of the system in our country.