The Theory Of Environmental Public Interest Litigation Plaintiff’s Subject Qualification

Since the industrial civilization,as a result of the rapid increase of the human capacity for production activities,Problems are becoming the focus of attention,such as environment,resources.The harmonious coexistence of man and nature has met the challenge.In order to the sustainable development of human,protecting the environment and maintaining the ecological balance has become the consensus of people.The maintenance of environmental rights and interests is one of the important issues of strengthening the construction of the rule of law.After the environmental public interest litigation system is damaged in the environment,citizens or organizations to protect natural resources and protect the environment for the purpose.According to the relevant legal lawsuit relief mechanism,the foundation is to establish the eligibility of the plaintiff.The eligibility of the plaintiff public interest litigation is the first step successfully.The study of environmental public interest litigation plaintiff eligibility problems to perfect the legal system of environmental public interest litigation is of positive significance.Because of the environmental right is a combination of public and private interest,not only private interest litigation,but also public interest litigation.In many of the Anglo-American law system and continental law system countries.In many of the Anglo-American law system and continental law system countries.Revised on January 1,2015 implementation of the environmental protection law of the People’s Republic of China on environmental public interest litigation system,which makes specific provision.In addition to the pollution of the environment public interest litigation which on the basis of increased the ecological destruction of public interest litigation.Is conducive to the protection of environment comprehensively for the main body of environmental public interest litigation made specific provision.The litigation right giving eligible social organization.To implement the party’s 18 about exploring the fourth plenary session of the procuratorial organs filed a public interest litigation system reform requirements.The procuratorial organs found in duty pollute the environment,food and drug safety field infringes upon the lawful rights and interests,such as many consumers behavior of harm social public interests.With no children or children subject not filed a lawsuit cases,can to people court to lodge a civil public interest litigation.And procuratorial organs found in the perform their duties according to the ecological environment and resources protection,state-owned land-use right in areas such as responsible for the supervision and administration of the administrative organs exercise their functions and powers illegally or inaction.Due to the state and public interests are violated,citizens,legal persons and other social organizations with no direct stakes,not a lawsuit,can to people court to lodge a administrative public interest litigation.How to study on the basis of environmental public interest litigation practice experience and lessons,better improve the system of environmental public interest litigation in our country in the plaintiff’s subject qualification is the purpose of this article.In concrete analysis in recent years the problem of environmental public interest litigation legislation and practice in our country,To the plaintiff’s subject qualification in environmental public interest litigation system in China the perfect path of concrete Suggestions are put forward.