On The Research Of The Plaintiff Qualification Of Civil Public Interest Litigation In China

As the last barrier for rights succour, the action relief for public rights andinterests shouldn’t be rejected from the litigation systems in China. The civil publicinterest litigation broke the traditional civil procedure theories that plaintiff are limitedto have a direct stake in the case, and expanded the scope of res judicata in order toprotect the public interests. As the foundation of research on civil public interestlitigation, The plaintiff qualification has been researched by the theory circles fromvarious aspects. However, there still exist many problems in the legislation andpractice, which lead to such a consequence that a lot of cases where the publicinterests has been damaged are not allowed to trail, and the purpose of civil publicinterest litigation can not be accomplished. The2012Amendment of Civil ProcedureLaw established the civil public interest litigation in China. This law ruled that only“the department and organization set by the law” have the rights to file civil publicinterest lawsuit. In my opinion, the provision is not clear and lucid, and against thetrend of two legal systems, which make it necessary to go further research on theplaintiff qualification of civil public interest litigation. Only by clearing the scope ofplaintiff can our civil public interest litigation act well and the public interest beprotected.This article is made of four parts, starting from the investigation and analysis ofthe theory and practice on the civil public interest litigation, intending to research onthe connected system in China.The first part have a research on the connotation and characteristic of “publicinterest” in the civil public interest litigation, and discussed the difference of civilpublic interest litigation and civil private interest litigation.The second part reviewed the status quo of civil public interest litigation in China,then gave a analysis of the predicament that exists in the legislation, theory andpractice.The third part used comparative analysis method to investigate and analyze theconnected system and practice in two legal systems, and gave some suggestions toperfect this system in China.The forth part discussed the scope of plaintiff of civil public interest litigationfrom three aspects. To give individual citizens the rights to file a civil public interest lawsuit conditionally is very necessary and doable; the procuratorial organ and theadministrative organ are the appropriate plaintiff; social group should be properplaintiff.