民事公益诉讼原告资格探究
发布时间：2018-11-10 18:31
【摘要】：2013年我国公益诉讼制度入法引起社会各界的广泛关注，尤其是法学界对公益诉讼的探讨更是进行的如火如荼。我国公益诉讼制度相比较英美发达国家而言起步较晚，发展很不完善。近年来我国经济的飞速发展和社会体制改革的加深，经济水平得到了前所未有的提升，经济快速发展的同时也带来一系列的社会问题，如，环境污染事件的与日俱增，消费者权益遭受侵害事件的层出不穷。这些社会问题的出现并没有及时配套的社会管理制度和法律制度予以治理解决，公益诉讼被写入民事诉讼法正是在保护社会公共利益的强烈呼声中应运而生的。民事公益诉讼制度完善的前提是明确哪些主体有资格成为适格原告，有明确适格的原告才能够启动公益诉讼程序，因此本文选取公益诉讼制度中最为重要也是司法实践中最迫切的问题进行论述——民事公益诉讼原告资格问题。 《民事诉讼法》第55条“对污染环境、侵害众多消费者合法权益等损害社会公共利益的行为，法律规定的机关和有关组织可以向人民法院提起诉讼”。笔者对我国民事公益诉讼原告资格持扩张性观点，认为适格当事人理论的扩张应建立在程序当事人理论与诉的利益理论基础之上，两种理论基础不再局限于实体上原告资格的直接关系，而是强调当事人程序上的正当性和诉讼利益的可保护性。在扩张性理论基础上主张将公民个人这一主体纳入原告资格范围。对于“法律规定的机关、有关组织”的界定笔者阐述了自己的观点，并进行原因性分析及完善意见。围绕以上两个观点，本文主要分为四部分进行系统阐述。 第一部分即民事公益诉讼原告资格问题的提出。主要针对2013年新法颁行以来司法实践中存在的问题以典型案例的形式简单罗列。总结起来有两个方面的问题也是本文写作的重点，即公民个人的原告资格问题和“法律规定的机关有关组织”如何界定问题。 第二部分是扩展民事公益诉讼原告资格的理论分析。笔者主张对传统当事人理论的扩张，其理论基础是程序当事人理论和诉的利益理论。 第三部分重点论述赋予公民个人原告资格的问题。从司法现状引出个人观点，接着对个人观点进行理论阐述和必要性分析，并主张对公民个人原告资格可能出现的问题进行限制。 第四部分是对“法律规定的机关和有关组织”的界定。该部分分为两小部分进行论述，，即对“法律规定的机关”和“有关组织”分开阐述。从实践的需要出发，将“法律规定的机关”解释为检察机关和行政机关，并进行原因性分析，笔者对两类主体的诉讼程序进行浅显设计，对“有关组织”的成立条件和主体完善意见笔者提出个人观点。
[Abstract]:In 2013, the public interest litigation system in our country attracted wide attention from all walks of life, especially the discussion of public interest litigation in the field of law is in full swing. Compared with the Anglo-American developed countries, the public interest litigation system of our country starts late and develops imperfectly. In recent years, with the rapid development of our economy and the deepening of the social system reform, the economic level has been improved unprecedented. Along with the rapid economic development, it has also brought a series of social problems, such as the increasing number of environmental pollution incidents. Consumer rights and interests have been violated in endlessly. The emergence of these social problems has not been solved by the social management system and the legal system in time, and the public interest litigation has been written into the civil procedure law in order to protect the social public interests. The premise of perfecting the civil public interest litigation system is to make clear which subjects are qualified to be eligible plaintiffs, and only those who have clear qualifications can initiate the public interest litigation procedure. Therefore, this article selects the most important and the most urgent issue in the judicial practice in the system of public interest litigation-the qualification of plaintiff in civil public interest litigation. Article 55 of the Civil procedure Law, "for polluting the environment, infringing upon the legitimate rights and interests of many consumers and other acts that harm the social and public interests, the organs and relevant organizations prescribed by law may bring a lawsuit in a people's court." The author holds an expansionary view on the qualification of plaintiff in civil public interest litigation in China, and holds that the expansion of the theory of suitably qualified parties should be based on the theory of procedural parties and the interest theory of litigation. The two theoretical bases are no longer limited to the direct relationship between the plaintiff's qualifications on the entity, but emphasize the procedural legitimacy of the parties and the protection of the interests of the litigation. On the basis of expansibility theory, the author advocates to bring the individual citizen into the scope of plaintiff's qualification. The author expounds his own views on the definition of "the organ stipulated by law, relevant organization", and makes cause analysis and perfect opinion. Around the above two viewpoints, this paper is divided into four parts for systematic elaboration. The first part is the issue of plaintiff's qualification in civil public interest litigation. The problems in judicial practice since the enactment of the new law in 2013 are simply listed in the form of typical cases. In summary, there are two problems which are also the focus of this paper, namely, the plaintiff qualification of individual citizens and how to define the "relevant organizations of organs stipulated by law". The second part is the theoretical analysis of expanding the plaintiff's qualification in civil public interest litigation. The author advocates the expansion of the traditional litigant theory, which is based on the procedural litigant theory and the benefit theory of litigation. The third part focuses on the issue of granting individual plaintiff qualifications to citizens. From the current situation of the judicature, the author draws the personal viewpoint, and then analyzes the theory and necessity of the personal viewpoint, and proposes to limit the problems that may arise in the qualification of the individual plaintiff of the citizen. The fourth part is the definition of "organs and related organizations stipulated by law". This part is divided into two small parts, that is, the "legal organs" and "related organizations." Proceeding from the need of practice, the author interprets "the organ prescribed by law" as the procuratorial organ and the administrative organ, and analyzes the reasons. The author designs the litigation procedure of the two kinds of subjects. The author puts forward personal views on the establishment conditions and the main body perfection of the relevant organizations.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
本文编号：2323265
[Abstract]:In 2013, the public interest litigation system in our country attracted wide attention from all walks of life, especially the discussion of public interest litigation in the field of law is in full swing. Compared with the Anglo-American developed countries, the public interest litigation system of our country starts late and develops imperfectly. In recent years, with the rapid development of our economy and the deepening of the social system reform, the economic level has been improved unprecedented. Along with the rapid economic development, it has also brought a series of social problems, such as the increasing number of environmental pollution incidents. Consumer rights and interests have been violated in endlessly. The emergence of these social problems has not been solved by the social management system and the legal system in time, and the public interest litigation has been written into the civil procedure law in order to protect the social public interests. The premise of perfecting the civil public interest litigation system is to make clear which subjects are qualified to be eligible plaintiffs, and only those who have clear qualifications can initiate the public interest litigation procedure. Therefore, this article selects the most important and the most urgent issue in the judicial practice in the system of public interest litigation-the qualification of plaintiff in civil public interest litigation. Article 55 of the Civil procedure Law, "for polluting the environment, infringing upon the legitimate rights and interests of many consumers and other acts that harm the social and public interests, the organs and relevant organizations prescribed by law may bring a lawsuit in a people's court." The author holds an expansionary view on the qualification of plaintiff in civil public interest litigation in China, and holds that the expansion of the theory of suitably qualified parties should be based on the theory of procedural parties and the interest theory of litigation. The two theoretical bases are no longer limited to the direct relationship between the plaintiff's qualifications on the entity, but emphasize the procedural legitimacy of the parties and the protection of the interests of the litigation. On the basis of expansibility theory, the author advocates to bring the individual citizen into the scope of plaintiff's qualification. The author expounds his own views on the definition of "the organ stipulated by law, relevant organization", and makes cause analysis and perfect opinion. Around the above two viewpoints, this paper is divided into four parts for systematic elaboration. The first part is the issue of plaintiff's qualification in civil public interest litigation. The problems in judicial practice since the enactment of the new law in 2013 are simply listed in the form of typical cases. In summary, there are two problems which are also the focus of this paper, namely, the plaintiff qualification of individual citizens and how to define the "relevant organizations of organs stipulated by law". The second part is the theoretical analysis of expanding the plaintiff's qualification in civil public interest litigation. The author advocates the expansion of the traditional litigant theory, which is based on the procedural litigant theory and the benefit theory of litigation. The third part focuses on the issue of granting individual plaintiff qualifications to citizens. From the current situation of the judicature, the author draws the personal viewpoint, and then analyzes the theory and necessity of the personal viewpoint, and proposes to limit the problems that may arise in the qualification of the individual plaintiff of the citizen. The fourth part is the definition of "organs and related organizations stipulated by law". This part is divided into two small parts, that is, the "legal organs" and "related organizations." Proceeding from the need of practice, the author interprets "the organ prescribed by law" as the procuratorial organ and the administrative organ, and analyzes the reasons. The author designs the litigation procedure of the two kinds of subjects. The author puts forward personal views on the establishment conditions and the main body perfection of the relevant organizations.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
【参考文献】
相关期刊论文 前2条
1 杨朝霞;;论环保机关提起环境民事公益诉讼的正当性——以环境权理论为基础的证立[J];法学评论;2011年02期
2 张晋红,郑斌峰;论民事检察监督权的完善及检察机关民事诉权之理论基础[J];国家检察官学院学报;2001年03期
本文编号：2323265
本文链接：https://www.wllwen.com/falvlunwen/susongfa/2323265.html
