| In 2012,article 55 of the revised civil procedure law of the People’s Republic of China defined the civil public interest litigation system at the legal level,but only made vague provisions on the subject of public interest litigation,that is,"organs and related organizations prescribed by law".Subsequently,although the newly revised law on the protection of consumers’ rights and interests and the law on the protection of the environment have clarified the statutory organs and organizations,they have not broken through the provisions of the civil procedure law on the types of plaintiffs in civil public interest litigation.Starting from the historical development and connotation definition of public interest litigation,this paper summarizes the characteristics of public interest litigation,and then analyzes the system mode of plaintiff qualification in foreign public interest litigation and the current situation in China.On the basis of the comparative analysis of the plaintiff qualification theory in the traditional litigation theory,this paper discusses the theoretical basis and feasibility,necessity,defects and advantages of the plaintiff qualification in the civil public interest litigation that the public prosecutor and the public organization can obtain.Finally,in view of the status quo of the plaintiff subject qualification system in China’s civil public interest litigation,this paper puts forward the preliminary idea of improving the plaintiff qualification system in China’s civil public interest litigation from the aspects of how to set up supporting system,change the role positioning,and improve the supervision mechanism. |
