On The Suitable Accuser Of The Civil Public Interest Litigation

As well as public interest litigation to establish a new "Civil Law" on public interest litigation around the country prone to theorists of public interest litigation system in long-term research and exploration of the process played a role in fueling.For our current situation and the social environment, establish and improve civil public interest litigation system that suits our country has a very important influence,and it is very necessary. One hand to promote the process of building the rule of law,civil public interest litigation system will integrate the management of public affairs,so that public interest litigation system in China is no longer a simple framework, but it gradually abundance, but also make the legal system more perfect;the other hand is help the healthy development of China's social transition, better safeguard the public interest. The first establishment threshold of public interest litigation system is to solve their main qualification.In the public interest litigation subject qualification issue, we should explore ways to solve the problem from multiple parties. Giving multiple subjects civil public interest litigation is feasible through the study of the theory and practice of discovery.From Chinese rule of reality, so that the main sequence of multi-plaintiff, in practice it more operational, efficiency and realistic.Based on the civil litigation of public interest legislation and judicial practice status problems and vulnerabilities collate and analyze multi-faceted exploration and research of Civil Public Interest Litigation in the plight of many angles on the plaintiff qualification problems encountered, combined with "parties to the proceedings," "new interest actionable" and so on for The path to find a solution. While the new "Civil Law", "law office" and "the law of the relevant organizations," the eligibility subject to analysis and, combined with the academic director of each theory, specifically the qualification of civil public interest litigation, although likely to improve civil public Litigation theoretical basis. Administrative authorities as the main body of civil public interest litigation filed, when the executive is indolent or for other reasons as omission,followed by a public interest litigation filed civil society organizations and individual citizens in order to supplement the absence of the executive, Finally, for the prosecution of its own functions, by the prosecution to prosecute the executive supervision, social organizations and citizens to sue individuals were supported.Prosecution only in the case of absence of all subjects, in order to safeguard the public interest as a starting point in order to bring public interest litigation. In such a subjectof public interest litigation filed civil order, not only to eliminate the drawbacks of each subject's own, while taking advantage of their strengths to compensate for other subjects vulnerabilities. From a compatible, complementary aspects to explain the diversity of subjects communion, in order to find suitable for China's Civil Public Interest Litigation system.