Study On Identifying The "Relevant Organizations" Of Civil Public Interest Litigation In China

With the progress of the society and the gradual improvement of the consciousness of the rights protection, the civil public interest case appear constantly in recent years. The formal implementation of the civil procedure law in2013brings the civil public interest litigation system into the law for the first time, regulate the behaviors of harming the public interest such as polluting the environment infringing upon many consumers’legitimate rights and interests, the state agencies and the relevanted organizations required by law can bring lawsuits in the people’s court.This makes the social organizations have laws to have the plaintiff qualifications of the civil public interest litigation But in practice, the process of the maintenance of civil public interest is bumpy. Since associated with the civil public interest litigation system isn’t perfect enough and there are no specific standards to compartmentalize the social organization as a suitable plaintiff of the civil public interest litigation at the legislative level, theory fields have different understanding and practical fields have different operations. All of this restrict the development of public interest litigation.This paper mainly includes four parts:The first part is the legislation about the identified conditions of "re levant organizations" in the civil public interest litigation in our country, this part discusses respectively the regulation of the social organization as a suitable plaintiff of the civil public interest litigation in civil procedure law, environmental law, the supreme Court’s judicial interpretation and law-application for civil environmental public interest litigation cases, consumer’s interest protection law.The second part is the judicial confirmation procedure of outsider status right relief system. On the judicial confirmation process of outsider rights related relief system may paper way and theoretical dispute, puts forward the judicial confirmation process of outsider rights relief system and the existing problems and analyzes the causes ofThe third part is the foreign investigation of relevant organizations’ identified conditions and the reference significance in the civil public interest litigation. This part discusses the United States, Germany, France, Japan, South Korea about the social organization as a condition of civil public interest litigation of the eligibility of the plaintiff the relevant provisions of the problerm.nd through comparative analysis,there are the legitimacy of social organizations, litigation funding, member amount and the duration of the existence for China to refer to.The fourth part is the determination of "relevant organization" as the plaintiff in civil public interest litigation. The identified conditions of "relevant organizations" of civil public interest litigation are put forward respectively by the basic principles and specific rules. The basic principles include legality principle, independence principle and voluntary principle.The specific rules include being registered according to law and non-profit, the articles of association of the target is to protect the public interest and the interest of litigation in line with the target, being registered more than3years and with public service experience above2years, possessing a certain amount of steady members,having specialized lawsuit capital account, owning the specialized technical personnel and legal professionals in related field.