Research On The Qualified Plaintiff Of Environmental Public Interest Litigation

Environmental problems have become issues of common concern for countries in the 21st century.With the increasingly serious environmental pollution problems,many citizens,social organizations,and government agencies have to resort to the judicial way to solve the problem of environmental public interest,and establishing a perfect civil environmental public interest litigation system has become an important problem that the legislation needs to be solved.In foreign countries,the environment public litigation system as a new type of litigation,in terms of protecting the environment and maintain the environment public interest plays a vital role.In China,with the new revised " environmental protection law" and "the civil procedure law" and a series of judicial interpretation,China has preliminary set up civil environmental public interest litigation system.The most important thing to build environment civil public interest litigation system is to determine the eligibility of civil environmental public interest litigation plaintiff.On the basis of legislation and judicial practice in China,and through comparative analysis of domestic and foreign relevant experience,this paper provides some ideas for the construction of China’ s civil environmental public interest litigation plaintiff qualification system.Besides the introduction and conclusion,this paper is divided into four chapters:The first chapter introduces the general situation of civil environmental public interest litigation plaintiff qualification.First it explains the concept of civil environmental public interest litigation,and then introduces characteristics and the basic theory of civil environmental public interest litigation plaintiff qualification,which is the basis for the following article discusses.The second chapter introduces the foreign regulations on civil environmental public interest litigation system,which mainly introduces some experience in the United States,India,and Germany.Through draw lessons from foreign successful practice,in combination with the reality of China,on the basis of perfecting civil environmental public interest litigation system in China,this paper shows how to build the perfect civil environmental public interest litigation system in China.The third chapter introduces the current situation of China’s civil environmental public interest litigation plaintiff qualification and disadvantages.First of all,according to China’s environment of the legislation history of the civil public interest litigation system has carried on the detailed elaboration;Then,it introduces China’s court judicial practice of civil environmental public interest litigation plaintiff qualification,introduces the procuratorial organs in the form of case,the environmental protection administrative organs,social organizations and individual citizens;Finally it elaborates the civil environmental public interest litigation plaintiff qualification system in China at present the deficiencies,from social,environmental groups,environmental administrative organs and citizens,and explains the problems of environmental civil public interest litigation system in China.The fourth chapter puts forward the construction of perfecting the civil environmental public interest litigation plaintiff qualification system in China.At first,on the basis of theoretical research and actual situation in China,the author put forward that the environmental protection administrative departments and individual citizens and shall be incorporated into the category of civil environmental public interest litigation,and analyzes its limit requirement;Second,setting up prepositional procedure of litigation to prevent rampant litigation and administrative authorities delayed in exercising their functions and powers of behavior;Also,it’s important to define the eligibility of the plaintiff main body of the sequence.On the premise of all the supervision of the administrative organ,the administrative organ to environmental protection as the first overall pick of the plaintiff of the civil environmental public interest litigation,and procuratorial organs and environmental groups as the second line,and citizens can interest litigation after the above subjects;Finally,establish the cooperation mechanism between different subjects,achieving complementary advantages,and making full use of existing resources,maximizing the environmental civil public interest litigation system.