Study On The Subject Qualification Of Civil Public Interest Litigation In China

At the current stage of China’s social modernization transformation,new civil disputes have occurred frequently.To cope with the fact that the current civil public interest litigation is no longer capable of serving the society under reform,legislators must consider the realistic issue of improving civil public interest litigation system.The exploration of qualification as the subject as the first step to improve civil public interest litigation system is the reperch focus in this paper.First,the explanation of the theoretical knowledge of the qualification as the subject of civil public interest litigation system lays the theoretical foundation for the subsequent analysis of the scope of qualification as the subject.Secondly,this paper analyzes the legislative status of China’s civil public interest litigation subjects,and learns about the determination of the scope of qualification in current litigation system.At the same time,this paper elaborates the theoretical basis to identify the litigation subjects in civil public interest claims litigations,that is,to break through the traditional litigant theory and follow the theory of litigation undertaking so as to involving subjects without direct relations with the case in the civil public interest litigation system for safeguarding public interests.Further,this paper analyzes problems existing in the subject qualification of China’s civil public interest litigation system.First,in terms of the legal status of the litigation subject,social organizations are the representatives of public interests,whose positioning in maintaining public interests have not yet been clarified by laws.Therefore,legislators should consider the importance of social organizations in maintaining public interest,make proper adjustments of relevant systems;from the perspective of procuratorial organs,their performance through two years’ trial has received the recognition of the country and the procuratorial public interest litigation system has been established.However,as the supervising organs,they enjoy the rights of supervision and litigation.The Supreme People’s Court and Supreme People’s Procuratorate regard procuratorial organs as the public interest litigant,which may constitute a blend of identity.According to the civil plaintiff’s claim,it grants procuratorial organs the plaintiff qualification,which is more in line with civil procedure and civil proceeding principles.In terms of administrative organs,although specific administrative organs are given the right of civil public interest litigation by separate laws,this collides with administrative power.So,administrative organs’ right of civil public interest litigation should be canceled.They should use administrative powers to manage social affairs,and maintain public interests.Second,on the issue of expanding the qualification as the subject,it is believed that moderate expansion of the scope can meet social needs.Through national social relations theory,the paper analyzes the rationality and justice of citizens’ participation in civil public interest litigation activities.It is necessary to establish citizens’ concept that civil society determines the country,thus providing strong theoretical support for the construction of citizen civil public interest litigation system.Finally,according to the status quo of China’s legislation,with reference to the advanced civil public interest litigation system in other countries,on the basis of establishing the civil public interest litigation system,it is necessary to clarify the sequence relations between civil public interest litigation subjects while improving China’s civil public interest litigation subject incentive system,so that China’s civil public interest litigation lawsuit system is more compliant with social development through internal and external combination.