Legal Thoughts On Issue Of Civil Public Interest Lawsuit Qualification

In1996, Qiu Jiandong due to “block two” case has been known as the “founderof Chinese public interest litigation”, opened a prelude to China’s public interestlitigation. In the past twenty years, a large number of civil public interest litigationcases happen in judicial practice of our Country, involving fields including consumerrights and interests protection, environmental protection, city planning, civil rightsand so on. Although, Folk and the theory of public interest litigation is very highenthusiasm, but the legislation of civil public interest litigation in China is notsmooth. In2007,“Civil Procedure Law” was amended for the first time, Theprovisions of the public interest litigation eventually abortion. In2012,“CivilProcedure Law” revised second times, the provisions of article fifty-fifth:“on thepollution of the environment infringement, many of the legitimate interests ofconsumers and other damage to the social public interest behavior, the organsstipulated by law and relevant organizations may bring a lawsuit to the people’scourt”, it is the first time the provisions of public interest litigation. But as a legalsystem,“Civil Procedure Law” for public interest litigation provisions clearly acomparison principle, but also regret to the public interest litigation prosecutionsubject qualified as legal authorities and relevant organizations.From the judicial practice of public interest litigation of our country, the citizenis exactly an important force caused by the civil public interest litigation. In the annual China ten public interest litigation list, Most of the cases filed by the citizen.Although, some cases often cannot enter the legal channels, some cases even beaccepted, but not to protect the original intention of the public interest, but citizensfiled public interest litigation still advance wave upon wave. Conversely, after thepromulgation of “civil procedure law”, Public interest litigation is still difficult tocarry out, Although this is the obstacle of justice, but the absence of the mainprosecution is one of the reasons. the "consumer protection law" was amended in2013, given the above the Provincial Consumer Association filed public interestlitigation rights, but so far, according to the consumption field of existence oroccurrence of acts against the public interest, there is not a consumer organizationsfiled public interest litigation.For the public interest litigation qualification problem of the citizen, the theorycircle of our country has a different voice. The supporters think, should expedite thecitizen to safeguard the public interest channels, make up the shortage of organs andrelated organizations. Opponents argue that, to allow citizens to initiate publicinterest litigation, will cause the abuse of litigation, resulting in a waste of judicialresources. The author thinks, the public interest litigation is a legal system to protectthe social public interests, citizens as the ultimate share common interests, have theright to the protection of the public interest action. Whether in common lawcountries, or civil law countries, citizens have played an important role in the publicinterest litigation. Although the "Civil Procedure Law" defines public interestlitigation subject of litigation, but with the gradual exploration of judicial practice,the civil public interest litigation subject to initiate has a broad study space.This article has three parts, besides the introduction and the conclusion. the firstpart is the basic theory of the civil public interest litigation. Mainly discusses thepublic interest, public interest litigation and public litigious right and other basicproblems. The second part is the comparison of the plaintiff in civil publicinterest litigation. Mainly discusses the public interest representative system,comparison of Anglo American law system, the civil law countries, civil publicinterest litigation plaintiff system and two of civil public interest litigation plaintiff system. The third part is the present situation analysis of China’s civil public interestlitigation, the study of civil public interest litigation filed civil reality and feasibility,and the related program design, in order to consummate our country’s civil publicinterest litigation prosecution subject system.