The Main Body In Environmental Public Interest Litigation Plaintiff Qualification

Environmental public interest litigation system is to ensure effective implementation of environmental law, perfecting the environmental law is the most effective judicial relief system.However, the development of environmental public interest litigation system in our country late.Come into force on January 1,2015 introduced the environment protection act, environmental public interest litigation system in our country is the basic system architecture.No perfect system to build environmental public interest litigation in the judicial practice still struggling. Should comply with the development trend in our country, combined with national conditions, perfect for environmental public interest litigation system in China. Study focused on the qualification of the plaintiff, the constraint to the qualification expansion, the social public, the environmental protection administrative departments, organizations and procuratorial organs, and environmental groups are included in environmental public interest litigation plaintiff qualification range.This article from the environmental public interest litigation system of domestic and foreign research present situation and development direction.In this paper, it is necessary to start from domestic and foreign research present situation and the development direction of environmental public interest litigation plaintiffs subject qualification and concrete system construction were studied. In this paper the basic concept of environmental public interest litigation plaintiffs subject qualification and to improve the system of environmental public interest litigation in theory the necessity and realistic significance, Outlines the connotation of environmental public interest litigation plaintiffs subject qualification and defined. Was investigated in the Anglo-American law system and continental law system countries environmental public interest litigation plaintiffs subject qualification on the basis of the development of the legislative and judicial aspects, this paper introduces the case law and statute law on environmental public interest litigation system development course and characteristics, it is concluded that the civil law countries than the common law countries on the scope of the plaintiff sues prosecution authority smaller conclusion, at the same time, the characteristics and disadvantages compared the development of our country, makes every effort to draw method of perfecting our country’s environmental public interest litigation the plaintiff main body qualifications, a further analysis of the main body in the current environmental public interest litigation plaintiff qualification of the present situation of legislation and judicial practice, put forward for the perfection of environmental public interest litigation plaintiffs subject qualification in China, the diversification of the coordination between different parts, in order to achieve the ultimate goal of environmental public interest litigation.