Chinese Citizens Filed A Study On The Qualification Of Plaintiffs In Civil Public Interest Litigation

With the rapid development of our society,all kinds of social problems affecting people's daily life continue to appear.Food and drug safety,environmental pollution,product liability issues put us into deep anxiety.The events that infringe upon the social public interests emerge one after another and have a tendency to be aggravated,which should arouse our attention and attention.Effective from January 1,2013,Article 55 of the Civil Procedure Law of the People's Republic of China: "The act of damaging the public interests of the public,such as polluting the environment,infringing on the legitimate rights and interests of many consumers,and the organs and relevant organizations required by law,may institute legal proceedings in the people's courts." However,as some scholars have said,"This Article is a General and Guiding Article and an Open and Declarative Article." The provisions of this article in the law does not specify the relevant agencies and organizations did not clearly defined at the same time as the civil case civil litigation plaintiff excluded from the provisions of the controversy caused by academia.The individual life of citizens is closely related to the public interests of society.At the moment when social public interests are often seriously infringed,citizens should be the most active advocates and executors that defending social public interests.Therefore,it is very necessary for citizens to have the plaintiff qualification of civil public interest litigation.However,some scholars believe that subjecting citizens to individual civil litigation plaintiffs' qualification may result in the loss of the limited judicial resources due to the lack of capacity of individual litigations,the limited capacity of proof and even the abuse of procedural rights.Cause litigation explosion,endangering social stability.In view of the academic controversy and practical dilemma encountered in reality,the author starts with the concept and theoretical support of plaintiffs' qualification of civil public interest litigation raised by citizens,compares the legislative experience of foreign countries in claiming the plaintiff civil rights litigation,And the status quo and shortcomings exist in practice,the civil individual is given civil litigation plaintiff qualification to discuss the construction of civil lawsuits proposed by our citizens put forward suggestions.This paper is divided into four chapters.The first chapter gives a theoretical overview of civil public interest litigation and its plaintiff's qualification.The second chapter introduces and analyzes the plaintiff system of civil public interest litigation in foreign countries law department.The third chapter analyzes the current situation of China's civil public interest litigation,and discusses the academic debate on whether the individual citizen can sue as the plaintiff,and conducts a reflection on the negative argument.The fourth chapter puts forward suggestions on the civil commonweal litigation system in our country from the aspects of the method of prosecution,the scope of acceptance,the distribution of the burden of proof,the assumption of litigation costs,the expansion of judgment power and the setting of excessive abuse mechanisms.