Study On The Qualifications Of Citizens In Civil Public Interest Litigation

In stark contrast to the increasingly severe and increasing number of cases that damage the public interest of the society,it was not until the newly revised "Civil Procedural Law" in 2012 that it clearly stipulated civil public interest litigation,which opened the door to the exploration of civil public interest litigation in China.Although this revision guarantees the public interest at the legal level and fills the legal gap in China ’s civil public interest litigation,this provision is just a general enumerated legislative model and cannot solve problems in the face of complex social public interest cases.Get a better solution.The plaintiff ’s qualification for civil public interest litigation provided by this law is only “state organs and organizations stipulated by law”,and citizens are not included in the scope of the prosecution subject.This article will start from the confusion and reasons why the legislator has not granted the citizen civil public interest litigation qualification,combined with the current status of Chinese citizens in filing civil public interest litigation,and at the same time drawing on the relatively mature foreign institutional experience to discuss the subject status of citizens in civil public interest litigation It provides strong theoretical support for giving citizens the qualification of plaintiff in civil public interest litigation.This article mainly contains four chapters:The first chapter is the civil public interest litigation and the plaintiff qualification.After analyzing the concept of civil public interest litigation,the concept and characteristics of civil public interest litigation are summarized to provide a theoretical basis for granting citizens a civil public interest suit plaintiff qualification.The second chapter is the dispute of the plaintiff’s qualifications and status quo of civil public interest litigation.According to the current status of China’s law,it mainly puts forward the controversy on this issue in China’s academic circles,as well as the problems that may be brought by granting the qualification of plaintiff in civil public interest litigation and the problems of its existence.The third chapter is the investigation and enlightenment of civil litigation outside the territory.Analyzed the civil public interest litigation systems in the two countries of the United States and India,and analyzed the experience and enlightenment of granting citizen civil litigation plaintiff qualifications in the development process of these two countries.The fourth chapter is to construct the idea of the citizen ’s qualification as a plaintiff in civil public interest litigation.The system is constructed from the aspects of the plaintiff’s scope and order,the method of prosecution,and the distribution of burden of proof that are granted to citizens to initiate civil public interest litigation.