An Investigation On Plaintiff Qualification Of Citizen Filed Civil Public Interest Litigation In China

With the rapid development of China's economy,all kinds of new social problems affecting the people's life are emerging.Environmental pollution,food and drug safety,product quality problems,which is caused by various diseases,such as cancer,let every citizen feel fear and worried.Infringement of the state and the public interest of the case are too numerous to mention,increasing year by year,the impact of large deserves our attention and serious reflection.Article 55 of the revised Civil Procedure Law of 2012 stipulates "the law and relevant organizations may bring a lawsuit to a people's court for acts that pollute the environment and infringe the lawful rights and interests of many consumers,which damage the public interests.It is clear that the Civil Procedure Law has established the status of public interest litigation in the field of legislation for the first time.It has clarified that in the field of environmental and consumer infringement,it will grant the right of organ and organization to prosecute and protect the public interest.However,the above clause is only a general,directive and declarative clause,excluding the specific prosecution of the main body of the citizen's civil public interest litigation plaintiff qualifications excluded,aroused the academic question and discussion.As mentioned above,the citizen's personal life is closely related to the public interests of the society,and the public should be the most active advocator and executor of the public interest to safeguard the social public interest.Therefore,it is very important to give the plaintiff qualification of citizen civil public interest litigation.However,some scholars believe that individual citizens are weak,litigation ability is limited and other factors can not compete with the public interests of the public against;give civil individual civil public interest litigation may also lead to litigation explosion,affecting social harmony and stability.Therefore,it is of great value for the citizen to bring the civil public interest litigation.In view of the above controversy,the author will start from the doubts and reasons of the legislator not giving civil public interest litigation,combined with the practice of civil public interest litigation brought by our citizens,at the same time learn from foreign legislation and judicial experience,civil litigation,And try to provide theoretical support for the legislation to give individual citizens the qualification of the plaintiff,so as to reasonably construct our civil public interest litigation system.This part is divided into five parts: The first part is the introduction,including the civil public interest litigation and its plaintiff qualifications gain line,through the case of whether the civil individual should be granted civil public interest litigation plaintiff qualification;The second part mainly elaborates the theoretical basis of the citizen suitability plaintiff in civil public interest litigation;The third part mainly introduces the present situation of legislation,the academic discussion of civil litigation,and reflection on the negative doctrine;The fourth part is to examine the extraterritorial citizen prosecution system;The fifth part puts forward the specific system design of civil public interest litigation filed by Chinese citizens.