Imperfection And Improvement On Public Interest Litigation Subject In China

The concept of public interest litigation is early derived from Roman law; it is the concept equivalent to the ordinary personal profit, at that time it was characterized as penalty litigation and popular action. It means the activity that designated national organ, social organization and citizens make litigation from court for actions of infringing national interest or social public interest according to regulations of law, and investigate the offender responsibility of infringing social public interest through lawful trial in court place.Which kind of subjects are enjoying public interest litigation is the primary problem of public interest litigation system, as for the current condition in China, the theory on administrative public interest litigation is imperfect, regulation on administrative public interest litigation qualification has legal gap. But in the field of civil suit, the newly revised civil procedure law, law of environmental protection and consumer’s interest protection law have successively regulated relevant content of public interest litigation subject. In Chinese theoretical circle, there is always larger controversy in aspect of qualification of public interest litigation, especially in the revision process on new public civil procedure law; the subject qualification of public interest litigation also has larger controversy.Through review for 3 times, the civil procedure law expected by various circles of society has finally been confirmed. The newly increased 15 th article regulates that as for actions that infringe public interest of society such as environmental pollution, infringing legal rights and interests of vast consumers, relate organs and relevant organization regulated by law can make lawsuit from people’s court. But regulations on public interest litigation subject has highly generalization, it only puts forward to establish concept of civil public interest litigation system in the field of civil suit. Concrete to juridical practice, which kind of organs and organizations have the plaintiff qualification of civil public interest litigation, it needs law to make clear regulations. Except for organs and relevant organizations regulated by law, which subjects should have be given action right to public interest litigation, there should have distinction due to difference in protection object. Public interest litigation system is protecting national interest and social public interest, because the infringed objects are different, the subjects that make public interest litigation should also be different, we can not treat different things as the same. At present, the actions of infringing social public interest are mainly indicated in the following:(1) actions that annexes, wastes and damages public asset.(2) Unfair competition and practice such as industrial monopoly and restrictive competition etc,(3) actions that infringe legal rights and interest of vast consumers that have environmental pollution, safety accident in food or medicine,(4) actions such as environmental pollution etc,(5) other actions that damage public interest. All the above-mentioned actions are possible to damage national interest and social public interest; all are likely to become to be action cause of public interest litigation.After 1990 s, state prosecuting organizations, national marine and fisheries departments, All-China Environment Federation or the trial on behalf of nation, organization, even civil himself have made every kind of exploratory trial in the process of public interest litigation. Through comparative analysis on the current law articles and plenty of cases in juridical practice in China, we can easily find that the revised civil suit law has generalized, blurry and one-sided regulation in public interest litigation, even there is controversy and contradiction in law regulations,. This paper systematically analyzes the exploration in the field of public interest litigation and the problems existed in current law regulations, it also discusses the range improvement on public interest litigation subject in China; moreover, it tries to construct public interest subject system that with Chinese characteristics, maximally protect social public interest and conforms to realistic demand of judicial adjudication.This paper mainly includes the following 3 parts: the first part is the state on pubic interest litigation in China. This part will illustrate the basic theory of public interest litigation, regulations on public interest litigation subject qualification in current law as well as the exploration of law subject in the field of public interest litigation in the realistic juridical practice. The second part is the problems in current law and regulation, it mainly illustrates the contradiction and imperfections on public interest litigation subject qualification in every existing law. The third part is the key point of this paper, it mainly focuses on the second part, it starts from realistic national condition and puts forward to improve conception of public interest litigation and relevant system design, and it is expected to solve the primary problem of public interest litigation in China.