On The Subject Qualification Of Plaintiff In Civil Public Interest Litigation

Along with the quickening pace of socialist modernization construction,the illegal activity that against the public interest become far more common. The most important part of legal construction of lawsuit field of our country is perfecting the civil public interest litigation of prosecutor's qualification to the litigation system in China. It is the first time that the principle stipulation about public interest litigation of the revision of section 55 of civil procedure law appeared in legislation. Although it is a giant leap in the progress of public welfare lawsuit system, it is still too general.This situation make the right of appeal of public interest litigation of prosecutor uncertain and also make it possible to be diversification. The main purpose of this paper is to find out the possibility and rationality of diverse prosecutor's qualification and the effective collaboration regarding the right of public interest litigation of prosecutor on the basis of The Functional Resume and The Competence. In regard of The Functional Resume, it needs certain relationship between the harm to public interest and the responsibility of the formal government staffs and the social organization. In regard of The Competence, it needs sufficient amount of human resources and money and the abilities of burden of proof for the formal government staffs and the social organization.