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Study on the Plaintiff Qulification of Civil Public Interest Litigation

Author: GaoLi
Tutor: GuoJiYuan
School: China University of Political Science
Course: Legal
Keywords: civil public interest litigation plaintiff qualification plaintiff qualification of civil public interest litigation
CLC: D925.1
Type: Master's thesis
Year: 2006
Downloads: 383
Quote: 9
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Abstract


In a sense, public interest litigation is a product of the expansion ofthe plaintiff qualification .So , definitely confirming the plaintiffqualification of civil public interest litigation is a very importantproblem for the establishment of the civil public interest litigationsystem .In addition , because the plaintiff of civil public interestlitigation has some uncertainties ,it is difficult to definitely confirm theplaintiff qualification of the civil public interest litigation .Thisdissertation makes a comparative systemic study for the plaintiffqualification of the civil public interest litigation .On the basis ofreferring to foreign experience and practice, this thesis put forward somesuggestion for confirming the plaintiff qualification of civil interestlitigation in China ,and hopes give some help for the establishment ofcivil public interest litigation system in China.This dissertation is divided into five parts:Chapter One General review of the plaintiff qualification of civilpublic interest litigation. This chapter analyzes the concept andcharacteristics of public interest, public interest litigation and civil publicinterest litigation. In the process of illustrating the traits of the civilpublic interest litigation, this paper emphasizes the importance ofdefinitely confirming the plaintiff qualification of civil publicinterest litigation, then, the paper sets forth its concept ,characteristic and value. Through this the readers can get a generalunderstanding of the main subject of this thesis.Chapter two The theoretical reasons for the plaintiff qualificationof civil public interest litigation. This chapter through analyzing the justparty theory, suit entrust theory, theory of right of action and theory of resjudicata indicates that the development director of these four theories setstheoretical foundation for the plaintiff qualification of civil public interestlitigation.Chapter Three A comparative study on the plaintiff qualification ofcivil public interest litigation. This chapter introduce the system ofplaintiff qualification of civil public interest litigation in countries ofAnglo-American Law System and Continental Law System, especialintroduce some special provisions on the plaintiff qualification of civilpublic interest litigation. In order to provide some useful experience forthe establishment of this system in China, the author makes a comparisonbetween the two law systems.Chapter four Analysis on the present situation of Chinese plaintiffqualification of civil public interest litigation. According to Chinese CivilProcedure Law, nobody has plaintiff qualification of civil public interestlitigation. But, in the judicial practice, there are many subjects as plaintiffto bring public interest suit to the court, such as individual, governmentorganization, prosecution. This phenomenon reflects that there are manyshortcomings in Chinese Civil Procedure Law.Chapter five The legislative conception of the plaintiffqualification of civil public interest litigation in China. This is the mostimportant part in the whole paper and some suggestions for setting up thefuture system are put forward. Firstly, the author suggests that Chinashould establish multiple plaintiff qualification of civil public interestlitigation, i.e. endowing individual, social institution, prosecutor withright to bring the civil public interest litigation. Then, the author presentstheoretical reasons and judicial practice foundation for why China shouldselect multiple model. Secondly, the author specific set forth theconditions and special provisions for individual, social institution ,prosecution as the plaintiff of public interest suit.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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