Public Interest Litigants Fitness Research On The Issue

Appropriation of the Party is one of the three theories of civil litigation, domesticresearch and public interest litigation there is a big controversy: how to achieve expansion ofpublic interest litigation to the appropriate scope of the grid parties; how to avoid the problemmay lead to abuse complaint; how to do public interest litigationcompatible with thetraditional civil litigation, but in any case, with the increase in public interest litigation cases,academia, public interest litigation to conduct feasibility studies, and have achieved certainresults. This is to some extent, enrich the theory and practice of public interest litigation, alsocontributed to the lack of civil and academia began to reflect the traditional public interestlitigation, which in fact promote the development of China’s public interest litigation. In thispaper, documentary research, the empirical analysis, comparative analysis, research StandingTheory applicable in the public interest litigation.The body of this thesis is divided into four chapters.The first chapter, the distinction between the related concept of public interest litigation,an overview of relevant theories and characteristics of the public interest; the origin andcharacteristics of public interest litigation; the concept of the litigants, the course ofdevelopment, as well as public interest litigants to choose the inevitable choice of theprocedure the parties; parties and the appropriate partiesthe difference of the lattice, the latticetheory of States parties to the appropriate research, summarize, analyze the reasonableness ofthe proper parties to the program parties, proposed the development of public interestlitigation need a breakthrough on the party of the proper theory, and pointed out theimportance of study.The second chapter, the second part of the public interest litigation and the proper theoryof traditional parties challenged to reflect on the proper theory of the traditional parties theright to manage the two legal systems on the choice of the interests of the complaint, theanalysis of the Standing Theory by the managementthe right to the basic facts of the appeal ofthe change of interest, and pointed out that the interest theory will appeal to an importantbasis for appropriate cell expansion as a public interest litigant.The third chapter, describes the two legal systems on the practice of public interestlitigation and legislative context. How analysis of the United States and Britain, as represented by the common law public interest litigant qualified judicial practice, the statusquo, and to Germany, France, Japan, represented by civil law the parties to Appropriation ofjudicial practice, the status quo analysis of the Two breakthrough in the theory of thetraditional parties, the comparative analysis of the similarities and differences of the two legalsystems in the public interest litigant expansion for the Construction of the current publicinterest litigation system in China Standing Theory for reference.This fourth part provides an overview of China’s public interest litigant qualifiedlegislative status quo and theoretical development of the status quo, to put forward thesignificance of building a public interest litigant eligibility system, and determine theappropriate grid parties from a public interest litigation, Community litigants eligibilitydetermined by the program to achieveeligibility subject of public interest litigation todiversify from one yuan change, learn from the practice of extraterritorial two legal systems,expansion of public interest litigants appropriate range of cells, expanding the procuratorialorgans filed public interest litigation, social organizations filed public interest litigation,individual citizens filed public interest litigation to analyzesafeguards on the expansion ofpublic interest litigants.