The Scope Of The Subject Of Civil Public Interest Litigation

In recent years, a series of public events emerge in an endless stream,"Sanlu milkpowder" case,"tonyred" case and the Songhua River pollution case caused wide publicconcern. Our country is in economic and social development in the transition period, publicinterests are infringed events increase inevitably, our country civil traditional litigation theoryand judicial practice are unable to adapt to the need to safeguard the social public interests.The traditional limited civil procedure fixed on the protection of private interest andadministrative means national interests led obviously cannot touch the public interest theory,practice and development, the growth of the civil public interest litigation has attracted moreand more attention. In the theory of civil litigation in traditional civil action, become eligibleplaintiff, must have two points: one is itself must be the victim, include property damage,personal injury and mental injury; two cases have direct and substantial law relationship. Inthe present case against the public interest, characterized by significant subjects are notspecific and non direct interest, number, no specific cause damage to the interests of publicinterest litigation "prosecution difficult, difficult burden of proof", at the same time theprosecution subject and responding to the strength of the subject gap exists in the reality,leading to compensate victims cannot pass judicial way.The legal process,"Civil Procedure Law" revised positive response theory and legalcircles calls in the system, which provides the legal basis for public interest litigation, publicinterest litigation can be written in the civil procedure law, is a laudable legislative actions,such as public interest litigation procedure was fighting approval, to a certain extent over theLegal Predicament for a long time the judicial relief way of public interests, the representativelitigation "one to one" mode of action compared to the consumers and the environment tortcases, it expanded the scope of public interest litigation prosecution main body, provides thelegal basis for the state organs, social groups filed public interest litigation. But thearchitecture of system security clearly matched has not formed,"zero case rate"embarrassment in judicial practice still continues, in addition to the scope of accepting cases,urgent needs to solve is the civil public interest litigation subject to further clear.With the research on the civil public interest litigation academic already mature, civilpublic interest litigation disputes by legislation does not terminate, on the contrary, because "the provisions of the civil procedure law" fifty-fifth article not speak in detail, resulting inlarge differences in theoretical circles, judicial circles and flawless."Law" is what the law?Civil? Administration? Or "economic"? In particular, normative legal documents in terms ofeconomic law several characteristics of both civil and administrative, but also to further"civil" subject of public interest litigation scope caused difficulty."Authorities" how toidentify? Administrative organ? Procuratorial organs? Or the administrative organ? If theprocuratorial organs clearly in the organization law of procuratorial organs can be filed publicinterest litigation, so whether the procuratorial organs in accordance with the law "authority"?If the administrative legislation specific administrative organs may bring a civil compensation,the administrative organ may be incorporated into the civil public interest litigation subjectscope?"Organizations" refers only to social bodies engaged in public welfare? Here the"about" whether there is subject of public interest litigation without strict "standards fordetermining the direct interested person"? These questions are proved, the bill was not the end,but it is the starting point of the applicable law, establishment and expansion needs throughthe fog of public interest litigation.But to be sure, the confirmation of civil subject of public interest litigation scope shouldbe combined with the specific institutional environment of dialectical thinking, and practicalexperience of public interest litigation since1997should not be denied, especially theprocuratorate to participate in public welfare litigation’s role is very significant. Therefore, bymeans of adjusting the relationship between the government and the society "the auxiliaryprinciple" theory, the public interest litigation subject to start sequence, and the subject ofpublic interest litigation boundary defined by law, the judicial interpretation of theimplementation, it may determine the scope of civil public interest litigation and the road.