Study On The Plaintiff Qulification Of Civil Public Interest Litigation

Civil Community is the social life in the Civil and Commercial Matters, the non-specific social group or particular members of society are not shared with the uncertainty of public content to maintain social and economic order, promoting the civil interests of social harmony. Public Interest Litigation is the individual citizens, social groups or national agencies for civil public offenses in their own name an action to the court. In recent years, judicial practice in China there are many state-owned assets, such as environmental pollution, endangering public market order in civil damage cases. In order to protect the civilian public, to maintain social harmony and stability, prosecutors from the state to individual citizens often act against violations of civil public filed a lawsuit to the relevant court. However, due to our lack of legislation and the traditional theory of civil plaintiff qualification system constraints, a large public interest litigation filed civil none of the desired effect achieved. To achieve the full protection of civil public, Civil Action must open the door to relief, but the start of civil public litigation relief the key to civil proceedings the plaintiff is the qualification system. Public Interest Litigation in China Civil establishment, we must first solve the problem of establishing the civil proceedings the plaintiff qualified institutional problems.Solve this problem, first of all, on the basis of public interest Litigation theory of a simple introduction, so the reader on a macroscopic level public Litigation Civil certain degree of understanding. Second, comparative analysis of two legal representatives in civil proceedings the plaintiff qualified national legislation on the basis of examples, confirmed the status of civil proceedings the plaintiff is the general trend diversity. Finally, the legislation referring to foreign examples and the legislative and judicial practice in China, put forward to maintain public interest and private action combined with the indictment, the unity and so extensive and specialized in civil proceedings the plaintiff to establish our qualification of the three principles, to establish comprehensive relief, specific judicial efficiency, maintenance and Civil Litigation from the three major public sets the standard. In the three principles and the establishment of standards based on the determined prosecutors, social organizations and individual citizens to enjoy civil public Litigation subject, and these three carried out a detailed analysis of the principal. At the same time the civil proceedings the plaintiff in order to ensure the smooth realization of qualifications, but also made a number of the corresponding protection mechanism.