Research On The Subject System Of Civil Public Interest Litigation In China

The subject system of civil public interest litigation in China is a system design based on the breakthrough of the party's eligibility theory.Legislation empowers certain social subjects to start public interest litigation as the subject of litigation,and then safeguard the public interest.The subject of prosecution is the cornerstone of the civil public interest litigation system.It is the entry of the qualified subject that makes the public interest no longer lack the possibility of relief due to the abstract external form.The subject system of civil public interest litigation in China is still in its infancy.The current difficulties mainly focus on three aspects,the type of the subject system of civil public interest litigation,the initiative of the subject system of civil public interest litigation and the fairness of the subject system of civil public interest litigation.This is the core issue that can not be avoided in the design of the subject system of civil public interest litigation in China.The first question focuses on explaining the problems of the typology.The secend question responding to the problems of the efficiency.The third question answering the problems of the fairness.This paper discusses the improvement of the subject system of civil public interest litigation in China through literature research and empirical research.The current legislation affirms the qualification of prosecution subject of procuratorate and public interest organization,but the problem of the type of prosecution subject of civil public interest litigation has not been properly solved.On the one hand,the legal status of the current prosecution subject is controversial,on the other hand,the program design does not reserve the space for system remedy,so as to effectively maintain the public interest when the current qualified subject fails to perform his duties.Therefore,it is necessary to make clear the legal identity of the current prosecution subject,broaden the scope of the prosecution subject,and encourage citizens and other members of society to participate in public interest litigation.There is no direct interest relationship between the prosecution subject and the public interest,nor directly bear the adverse consequences of the judgment.Under the double squeeze of the economic cost and time cost of the litigation,the litigation enthusiasm of the prosecution subject is bound to be disturbed.Building a perfect litigation incentive mechanism is the only way to solve the problem of initiative.There are significant differences in the pursuit of litigation and the possession of litigation resources between the litigant and the defendant in civil public interest litigation,which leads to the substantial inequality between them in the process of litigation.In order to make up for the imbalance of litigation structure and realize procedural justice,it is necessary to strengthen the position and role of the court in civil public interest litigation,in order to achieve the balance.