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Analyzing the Plaintiff’s Qualification in the Civil Public Interest Litigation in China

Author: YuanJia
Tutor: YaoYuan
School: East China University of Political Science
Course: Procedural Law
Keywords: Public interest Public Interest Litigation Plaintiff Qualification Proper Party Necessity Feasibility
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 177
Quote: 0
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Abstract

With the development of society, more and more New Civil Disputes against the public interest, such as the loss of state assets, environmental pollution, endangering the market order, the protection of the interests of consumers, and the old Civil Procedure on the direct interest relationship model between the original defendant can not meet the real needs. Public Interest Litigation a new way to solve this problem, the so-called Public Interest Litigation refers to social organizations, individual citizens or authorized state organs, civil offense against public interests, in their own name to the court, court activities held liable. Public Interest Litigation in a foreign country has formed a relatively mature theory, a relatively complete system construction of the two legal systems of countries in this regard, many aspects worth learning from. In China, to establish a civil public interest litigation plaintiff qualification issues need to be addressed first. Countries of civil public interest litigation plaintiff qualification requirements are different, but all have a common characteristic, that is widely given to the plaintiff qualified civil subject, which has gradually become a trend, therefore, our country should implement the Public Interest Litigation Qualification of the Plaintiff diversity, to maximize the public interest litigation, the constant destruction in order to better protect the public interest. In this paper, the logic is as follows: First, some basic concepts are precisely defined, such as the public interest, Public Interest Litigation, Public Interest Litigation Plaintiff Qualification, lay the foundation for the next study. Secondly, compared to the judicial status of the the Two Legal representative national civil public interest litigation plaintiff qualification status of legislation and public interest litigation, provide for the establishment of civil public interest litigation plaintiff qualification draw modeled. Finally, the analysis of the necessity and feasibility of the civil public interest litigation plaintiff qualification was established in China on the basis of legislative proposals. This paper argues that the plaintiffs To better protect our civil society public interest, we should adopt a liberal approach to civil public interest litigation plaintiff qualification that standard, widely given to individual citizens, social organizations, procuratorial organs and other social subjects to Civil Public Prosecutions qualifications. Which, should the Procuratorate to enjoy civil public interest litigation plaintiff qualified as the most important main procuratorial organs in our country set representing the image of the national interests and the interests of society and procuratorial organs have more than social organizations and individual citizens strength to participate in the litigation; should society groups as an important part of the Public Interest Litigation plaintiff, because the rights of individual citizens often have to maintain unity of action in order to get through the group; individual citizens should be given to civil public interest litigation plaintiff qualification, because This is a vivid manifestation of the people are the masters.

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