Research On Prosecution Subjects Of Environmental Civil Public Interest Litigation In China

A good ecological environment is the premise and foundation for the survival and development of human beings.With the continuous development of social economy,people are increasingly aware of the importance of ecological environment while pursuing material life.Subsequently,the state began to vigorously advocate the protection of the ecological environment,and increased the administrative penalties for environmental violations,but little effect,the ecological environment has not been significantly improved.When the full use of administrative means is still unable to break through this dilemma,people’s vision began to turn to the use of judicial means to safeguard the public interest of the environment.In 2012,the amendment of the civil procedure law established the environmental civil public interest litigation system in the legislation of China,and the relevant subjects were granted the qualification of the litigation subjects to carry out judicial relief for the damaged ecological environment by exercising the litigation rights.Subsequently,the revision of the environmental protection law in 2014,the revision of the civil procedure law in 2017 and the subsequent judicial interpretation set off a wave of research on environmental civil public interest litigation in China.One of the premises of this research is to clarify which subjects can bring environmental civil public interest litigation.Therefore,the purpose of this paper is to sort out the relevant provisions on the subject of environmental civil public interest litigation in China,summarize the existing problems,and put forward relevant Suggestions on legislation improvement.The first part gives an overview of the environmental civil public interest litigation subject.Firstly,the concept and characteristics of environmental civil public interest litigation are analyzed,and the inner meaning of environmental civil public interest litigation is clarified.Secondly,on the basis of the foregoing,this paper expounds the connotation of the environmental civil public interest litigation subject and the basis of the right to Sue,which lays the foundation for the following discussion.The second part sorts out the relevant provisions of the current environmental civil public interest litigation subject in China from two aspects of legislation and other regulatory documents.It can be found that only the social organizations and pro-curatorial organs that meet the legal conditions are the subjects of prosecution clearly stipulated in the laws of our country.Meanwhile,there are still some problems such as unclear provisions of the organs,unclear order among the subjects of prosecution,and in-coordination among relevant provisions.The third part is aimed at the issue of unclear regulations of the authorities,and believes that the institutions that can bring environmental civil public interest litigation should be environmental administrative institutions,including the government,the competent department of ecological environment and their branches.And by summarizing the theoretical findings of the disputes that the environmental administrative agency is the subject of prosecution,the parties to the dispute are based on the justification and feasibility of the environmental administrative agency as the subject of environmental civil public interest litigation.In terms of aspects,they are not completely opposed,so environmental administrative organs as the main body of environmental civil public interest litigation in China have their legitimacy and feasibility.In the fourth part,aiming at the unclear order between the prosecution subjects in the relevant provisions of environmental civil public interest litigation prosecution,on the basis of summarizing the current mainstream views of the theoretical circle,it proposes that "mainly environmental administrative agencies shall meet the legal requirements The social organization is supplemented and the pro-curatorial organ is supplemented ".At the same time,in terms of legislation improvement,it is suggested to amend the environmental,protection law,add provisions on two other types of litigation subjects except social organizations that meet the statutory conditions in article 58,and reasonably arrange the order of litigation among each subject.Other detailed provisions can be completed by improving the relevant judicial interpretation,so as to form a systematic,coordinated and unified legal provisions on the subject of environmental civil public interest litigation.