The Proper Plaintiff Of Environmental Public Interest Litigation In China

Public interest environmental litigation is a very important part of ecological civilization.It being needed in the process of Wild China construction. Nowadays, pollution which comesfrom hazy weather, heavy metal and organic maters etc. has becoming obvious. Therefore,there are more group incidents than before. In order to confront environmental crisis, fulfillnew demand of excellent environment for individuals, environmental public interest litigationbuilt a judicial protection road to guarantee public interest.This thesis is based on former research achievements. According to “there is no justicewithout the plaintiff” and Law of Civil Procedure, analyzed the concept of public interest,public interest litigation, environmental public interest litigation and related theories. In recentyears, Jiangsu province, Yunnan province, Guizhou province and Chongqing had passedregulations to promote environmental public interest litigation. This thesis was explainedCitizen Suit of USA, administrative public interest litigation of Australia and group litigationof Germany. There are three points that we should learn from these foreign laws. Firstly, breakthe limitation of proper plaintiff in case-law firstly. Then the rules had been completed andimproved in statute law. Third, NGO’s development is put in an amount of effort. Based onthe ideas listed above and litigation right, the thesis presents suggestions about how toimprove the law which relate the proper plaintiff of public interest litigation.First, litigious rights should be guaranteed by laws. Also, the rules of the proper plaintiffshould be expanded. Litigious rights have not been given to the proper plaintiff who couldcharge public interest litigation. In this circumstances,“litigant interest” should become themeasurement of whether a plaintiff is proper. Furthermore, define the detailed type andprosecution requirements for proper plaintiff. That is to say, Environment protection agencies,prosecutors and NGOs should have a set of clear rules. Thirdly, improve the encouragemeasurement for proper plaintiff. On the one hand, every individual should participates in environmental protection and help the others. It will become harmonious social relationships.On the other hand, collegiate bench should be set in right court, make sure that it remainsactive and professional, then change the temporary trial group into a stable organization.