On Expansion Of The Public Interest Litigation In China

"Public Interest Litigation,While in the field of civil procedure law is a hot subject, but the main scope of public interest litigation plaintiff has gone from " relevant organs, social organizations " to " the law of the organs and social organizations, " and then " organs and tissues law, " the civil Procedure amendment Act recently passed by the scrutiny and evolution in 2012. Legislators consider words seriously to the plaintiff qualifications, showed breaking through the traditional theory, the parties to break the inherent prosecution qualifications carefully. However, the provisions of the amendment to the plaintiff qualifications and only few words, its purpose is to build a platform of " public interest litigation ". This platform is just that" agencies and related organizations have the right to sue the law and cannot be defined as individuals filed public interest litigation " eligibility body. " Because there is no a unified standard, for the department of law practice, practice oper ability is greatly reduced. Whereby this paper describes the current public interest litigation by the parties eligibility conflict with the traditional theory and the theory of public interest litigation plaintiff qualification.Leads to the plight of public interest litigation in the face of reality and legal. Theoretical anchor and specific qualifications ranging from the expansion of public interest litigation plaintiff plaintiff to discuss the expansion of eligibility urgency, and on the basis of the expansion in order to prevent frivolous lawsuits as a focal point to clarify public interest litigation plaintiff qualification reasonable boundaries, the last of the first three aspects summary, construct and improve our public interest litigation plaintiff qualification of the legal system.The first part of this paper intends to analyze the necessity of public interest litigation plaintiff qualification expansion in China. The public interest litigation plaintiff qualification and the conflict of the traditional civil lawsuit theory, by analyzing the present situation of the infringement of the right of public interests in China, find out the cause of the infringement of the right of the public interest but not relief. On the expansion of public interest litigation plaintiff qualification of the urgency and necessity of reality.In this paper, the second part, through the comparison research, explore the practice of public interest litigation plaintiff qualification expansion, combing theoretical achievements of public interest litigation plaintiff qualification in Chinese academic circle. For Putting forward constructive Suggestions for the expansion of the plaintiff qualification.The third part, this paper explore the litigation right theory, the interests of the lawsuit, litigation trust theory to the value of public interest litigation plaintiff qualification expansion. I want to establish legal basis for public interest litigation plaintiff qualification expansion, setting the stage for later detail discussed.The fourth part of this article, the public interest litigation plaintiff qualification expansion to make legislative framework and system thinking, based on the reference of foreign public interest litigation legislation system. Putting forward expansion path and scope of public interest litigation plaintiff qualification, and the reasonable boundary system design to do a comprehensive thinking.