The Reasonable Limitation Of The Plaintiff's Disposition Right In Civil Public Interest Litigation

With the development of economy and the progress of all kinds of industrial technology,incidents that are harm to public interest are often reported in the newspapers,such as damaging the environment,endangering the food safety of consumers and denigrating heroes,and the social demand for civil public interest litigation which is a public interest relief is increasing day by day.In 2012,Civil Procedure Law of People's Republic of China was amended to add a civil public interest litigation system,which has also become the starting point for China to establish a civil public interest litigation system.The subsequent introduction of various types of interpretation has further refined the relevant system of civil public Interest litigation,but the academic research and legislative provisions on the right of disposition in civil public interest litigation have been relatively vague.However,the operation of disposition right in civil public interest litigation involves how the plaintiff reasonably upholds the public interest,which is one of the core issues in the design of civil public interest litigation system.In view of this problem,this paper tries to put forward feasible and operable suggestions for the specific system design of civil public interest litigation in China through the research on the disposition right of the plaintiff in civil public interest litigation.This paper is divided into four chapters,each of which will be briefly introduced below.Chapter one is analysis of the current situation of disposition of civil public interest litigation in our country.The author made a comprehensive combing and analysis on the operation status of the right of disposition in the reconstruction of withdrawal,mediation,settlement and litigation in civil public interest litigation in China.Based on this,the author obtained the general situation of the decentralized operation of the civil Public Interest Litigation office in China,and extracted the existing problems: 1.The provisions of the scattered;2.The restriction on the disposition of plaintiff are too rigid in principle,which is very unfavorable for better civil public interest litigation,so it needs to be changed.Chapter two is the reasons for the special restrictions of the plaintiff's disposition right in civil public interest litigation.In this chapter,the author took the definition of disposition right as the starting point,analyzed the connotation and extension of disposition right,including disposition right of entity right and lawsuit right,and expounded the limitation of disposition right in civil action.On the basis of the study of disposition right,the author further analyzed the particularity of civil public interest litigation: 1.The subject of the litigation does not enjoy substantive rights;2.The purpose of litigation is public welfare;3.The subject of the litigation is specific;4.The types of claims in the litigation are obvious.After combining the above two parts,the author came to the reasons for the special restrictions on the disposal right of the plaintiff in the civil public interest litigation: the first reason is that the public interest nature of the litigation claim will limit the form of the disposal right of the plaintiff.The second reason is that the plaintiffs in civil public interest lawsuits lack tangible benefits.Chapter three is an investigation of the operation of plaintiff's disposition right in civil public interest litigation outside China.In this chapter,the author selected the representative countries in Anglo-American law system and continental law system for comparative study.In common law countries and regions,the author selected the United States and the United Kingdom for investigation,focusing on the comparison of the two countries in the plaintiff's mediation,reconciliation and the qualification ofthe subject of prosecution.In the countries and regions of the continental law system,the author selected Russia,Germany and Taiwan for investigation.The author putted emphasis on the comparison of the above countries and regions in the plaintiff's waiver of claims,reconciliation,mediation and other aspects of the restrictions.Reasonable restrictions on the operation of plaintiff's right of disposal in civil public interest litigation outside China have certain reference significance for China's civil public interest litigation and have positive effects on the elaboration of specific systems.Chapter four is the suggestion of reasonably restricting the disposition right of the plaintiff in China's civil public interest litigation.In this chapter,the author begins with three purposes of limiting the plaintiff's disposition,and limiting the disposition of the plaintiff in civil public interest litigation from the equality dimension,the fairness dimension,and the efficiency dimension.Based on the theory of litigation responsibility and the theory of litigation management,the author discussed the limits of reasonably limiting the right of disposition of the plaintiff in civil public interest litigation.Finally,based on the process of litigation,the author discussed the reasonable restrictions and limits of the plaintiff's right to dispose in the civil public interest litigation,such as withdrawal,mediation,reconciliation,retrial and execution,so as to achieve the goal of systematization and operability of the reasonable limitation of the plaintiff's right to dispose in the civil public interest litigation.