The Expansion Of The Plaintiff Qualification On Civil Public Interest Litigation

With the emergence of modern disputes,the traditional theory of civil litigation has been unable to protect the interests of the parties from the procedural procedures to meet the parties to the requirements of procedural justice.China has initially established civil public interest litigation system,forming the civil public interest litigation plaintiff pattern that is main of the procuratorial organs and the social organization from the single-line law,but it is not consistent with the world development trend of the civil public interest litigation system,such as the absence of the litigation plaintiff qualifications on citizens and specific administrative organs in the current law,the obscure of litigation plaintiff qualifications on procuratorial organs and the lessen of litigation plaintiff qualifications on social organizations.It is bound to increase the difficulty of the public interest litigation system in the actual operation of civil litigation,and bring the hindrance of the further development of civil public interest litigation system.In order to expand the scope of the plaintiff qualification on civil public interest litigation,the "public factors" or "public interest" is a prerequisite for initiating litigation,and the "power theory" as a private subject obtains the theoretical basis and support of public interest.The adjustment scope of the civil public interest litigation is consist of certain private interest litigations with the proliferation,collectivity and personal similarity that are up to the public interest litigation.In addition,being the allocation of litigation enforcement rights to realize the organic integration of public interest litigation and private interest litigation,it makes any person who has been or will be infringed and who has no direct interest in the infringement of the consequences to exhaust all administrative means that can not maintain the supervision and administration of administrative organ with the national interests and social public interests,and social organizations with public welfare and non-profit attributes,and procuratorial organs as the plaintiffs of civil public interest litigation.Ultimately,it realizes the purpose of the "public welfare" value on civil public interest litigation.