民事公益訴訟原告資格探究
發(fā)布時間：2018-11-10 18:31
【摘要】：2013年我國公益訴訟制度入法引起社會各界的廣泛關(guān)注，尤其是法學界對公益訴訟的探討更是進行的如火如荼。我國公益訴訟制度相比較英美發(fā)達國家而言起步較晚，發(fā)展很不完善。近年來我國經(jīng)濟的飛速發(fā)展和社會體制改革的加深，經(jīng)濟水平得到了前所未有的提升，經(jīng)濟快速發(fā)展的同時也帶來一系列的社會問題，如，環(huán)境污染事件的與日俱增，消費者權(quán)益遭受侵害事件的層出不窮。這些社會問題的出現(xiàn)并沒有及時配套的社會管理制度和法律制度予以治理解決，公益訴訟被寫入民事訴訟法正是在保護社會公共利益的強烈呼聲中應(yīng)運而生的。民事公益訴訟制度完善的前提是明確哪些主體有資格成為適格原告，有明確適格的原告才能夠啟動公益訴訟程序，因此本文選取公益訴訟制度中最為重要也是司法實踐中最迫切的問題進行論述——民事公益訴訟原告資格問題。 《民事訴訟法》第55條“對污染環(huán)境、侵害眾多消費者合法權(quán)益等損害社會公共利益的行為，法律規(guī)定的機關(guān)和有關(guān)組織可以向人民法院提起訴訟”。筆者對我國民事公益訴訟原告資格持擴張性觀點，認為適格當事人理論的擴張應(yīng)建立在程序當事人理論與訴的利益理論基礎(chǔ)之上，兩種理論基礎(chǔ)不再局限于實體上原告資格的直接關(guān)系，而是強調(diào)當事人程序上的正當性和訴訟利益的可保護性。在擴張性理論基礎(chǔ)上主張將公民個人這一主體納入原告資格范圍。對于“法律規(guī)定的機關(guān)、有關(guān)組織”的界定筆者闡述了自己的觀點，并進行原因性分析及完善意見。圍繞以上兩個觀點，本文主要分為四部分進行系統(tǒng)闡述。 第一部分即民事公益訴訟原告資格問題的提出。主要針對2013年新法頒行以來司法實踐中存在的問題以典型案例的形式簡單羅列。總結(jié)起來有兩個方面的問題也是本文寫作的重點，即公民個人的原告資格問題和“法律規(guī)定的機關(guān)有關(guān)組織”如何界定問題。 第二部分是擴展民事公益訴訟原告資格的理論分析。筆者主張對傳統(tǒng)當事人理論的擴張，其理論基礎(chǔ)是程序當事人理論和訴的利益理論。 第三部分重點論述賦予公民個人原告資格的問題。從司法現(xiàn)狀引出個人觀點，接著對個人觀點進行理論闡述和必要性分析，并主張對公民個人原告資格可能出現(xiàn)的問題進行限制。 第四部分是對“法律規(guī)定的機關(guān)和有關(guān)組織”的界定。該部分分為兩小部分進行論述，，即對“法律規(guī)定的機關(guān)”和“有關(guān)組織”分開闡述。從實踐的需要出發(fā)，將“法律規(guī)定的機關(guān)”解釋為檢察機關(guān)和行政機關(guān)，并進行原因性分析，筆者對兩類主體的訴訟程序進行淺顯設(shè)計，對“有關(guān)組織”的成立條件和主體完善意見筆者提出個人觀點。
[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.
【學位授予單位】：河南大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D925.1
本文編號：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.
【學位授予單位】：河南大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D925.1
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2 張晉紅,鄭斌峰;論民事檢察監(jiān)督權(quán)的完善及檢察機關(guān)民事訴權(quán)之理論基礎(chǔ)[J];國家檢察官學院學報;2001年03期
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