Civil Public Interest Litigation Plaintiff Qualification On Competency Case Study

On August 31,2012, the 28th session of the standing committee of the National People's Congress of the civil procedure law of the People's Republic of China made changes, increased on the relevant provisions of the civil public interest litigation, the modified article 55 make clear a regulation "to pollute the environment, infringes upon the lawful rights and interests of consumers and other harm social public interests, the law of the authorities and relevant organizations may bring a suit before a people's court. "This modification can meet the current and the urgent need of the social from all walks of life to establish public interest litigation system, in order to establish civil public interest litigation system provides the basis in the civil procedure law, to safeguard social public interests is of great importance and value.At the beginning of the public welfare lawsuit system to establish, clear the civil public interest litigation plaintiff subject eligibility issues is a top priority.The traditional theory of civil lawsuits in plaintiffs subject on the question of children adopted the "direct stakes", but in the field of civil public interest litigation, the plaintiff has not limited to the scope of the "direct stakes" that we need to continue to develop the existing civil litigation subject eligibility theory, explore the special theory of the civil public interest litigation subject eligibility.Civil public interest litigation plaintiff eligibility main body has the procuratorial organs, specific administrative organs, social organizations.This paper will use case study research analysis of the three main body as the main body of civil public interest litigation plaintiff eligibility.This thesis mainly divided into four parts, the first part of the civil public interest litigation subject eligibility, elaborates the basic theory of the second part, the third part, the fourth part respectively through the city's procuratorate v. C environmental pollution case, xu xu b, D, the municipal environmental protection bureau v. Wu Mou responsibility of environmental pollution dispute, such as S city disappear is protected appoint v S, O tort liability due to the three cases were analyzed, and from the procuratorial organs, the three main body of the specific administrative organs, social organizations, analyzes its legitimacy and rationality of civil public interest litigation.To enrich the theory and development of civil public interest litigation plaintiff eligibility, should be free from "direct stakes in" the limitation on the subject of civil public interest litigation plaintiff eligibility, explore conforms to the social trend and meet the needs of the public interests of the public welfare lawsuit system.On the one hand to in the substantive law in civil public interest litigation the plaintiff main body carries on the detailed and specific provisions, clear the procuratorial organs, specific administrative organs, social organizations as the main body of civil public interest litigation plaintiff eligibility prerequisites and restrictions.On the other hand should be specified for civil public interest litigation procedure in the procedural law, clear its particularity, to that of the ordinary civil procedure and promote the development of the civil public interest litigation system has become important means to maintain the social and public interests.