| At present, the plaintiff qualification leads to a lot of controversies in the theoretical circles.Besides,there are also disagreements for the subject qualifications in judicial practice.In recent years, the social groups has expanded continuously, and people’s consciousness of vindicating rights has became more and more intense. The number of public interest litigation has increased year by year.Many cases of public have obtained extensive attention because of the intervention of the social groups. However, there are still many restrictive for the social groups to file public interest litigation. In order to solve the difficulties on prosecution, proving and wining a lawsuit effectively,we must further establish and improve the public welfare litigation system, and explore the benign road of public interest litigation.This paper analyzes the legitimacy of the social groups as the main body of the public interest litigation plaintiff, and investigates the present situation and the dilemma of the social groups as the main body of the public interest litigation plaintiffs. This paper analyzes the current situation and the plight of the social organizations as the main body of public interest litigation plaintiffs by using the research methods such as literature law,case law and comparative method.Compared with the United States, France, Germany,Italy and other national social groups plaintiff qualification, and finally to improve the social groups as the main body of public interest litigation plaintiff put forward their own views and suggestions. The structure of this paper is as follows:The first part is based on the basic interest litigation.It clarifies the scope of public interest accurately, and briefly analyzes the advantages and disadvantages of four kinds of plaintiffs’ qualification of public interest litigation.Damage requires relief, relief needs litigation, litigation will have plaintiff. The plaintiff sues is the stepping stone to start the court to examine the public interest litigation, the plaintiff qualification of the public interest litigation is the core factor of the public interest litigation system design. Then,it leads to the topic of public interest litigation.The second part starts from the development of social groups in China, and points out that social groups have become the biggest part of our current social groups system.Social groups have the public welfare, independence, organization and professional, so the social groups to become public interest litigation plaintiff has a theoretical basis and the reality of the advantages, and should be the best subject of public interest litigation .The third part analyzes the typical cases of public interest litigation,which can be manifested the following aspects: the subject qualification and the litigation scope are unclear, the public welfare is questioned and the high Litigation costs are not affordable .In the fourth part, we use the comparative analysis method to examine the concrete practices of public social litigation in the United States, France, Germany and Italy, so as to guide our country’s legislative and judicial practice.The fifth part puts forward the idea of perfecting the qualification of the plaintiff’s main body of the social groups . It’s necessary to clarify the subject qualification and the scope of the litigation of public interest litigation and the fields on which the social groups can function . At the same time, it is necessary to reduce the litigation costs of litigation in social groups and optimize the distribution system of burden of proof.Finally, we should establish the normal system of procuratorial organs to support or supervise prosecution, and form a concerted effort to solve the problem of public interest litigation.The last part is the conclusion.On the basis of the analysis of the main body, this paper prospects the future development of the social groups to file public interest litigation. On the basis of perfect system, we should continue to strengthen the management of social groups, to ensure that it became the mainstay of public service litigation plaintiff qualification. |
