On The Plaintiff’s Qualification Of Environmental Groups In Environmental Civil Public Interest Litigation In China

Since the 18 th National Congress of the Communist Party of China,General Secretary Xi’s advocacy of "lucid waters and lush mountains are invaluable assets" has led more and more social subjects to stand against environmental polluters,and the researches and practices of Environmental Civil Public Interest Litigation have correspondingly developed.Among several types of plaintiffs discussed from the theoretical level,the environmental protection organizations have been recognized by the legislators as one of the legal plaintiffs in the Environmental Civil Public Interest Litigation,theoretically speaking,which is of great benefit to the development of both the environmental protection organizations and the Environmental Civil Public Interest Litigation System in China.However,over the past few years,the reason why the cases proposed by the environmental protection organizations have not been satisfactory is that the limitation of the current regulations on Environmental Civil Public Interest Litigation objectively places the organizations in a living dilemma and thus subjectively makes them negative and unable to sue.In order to solve the above problems,after clarifying the concept and theory of the plaintiff qualification of environmental protection organizations in Environmental Civil Public Interest Litigation,this thesis discusses the reasonableness of the restrictions on environmental protection organizations in terms of time limit,activity specialization,no illegal records,no profits from litigation,etc.,and analyzes the practical problems and causes of environmental protection organizations in filing Environmental Civil Public Interest Litigation,such as different financial strength and professional level,big obstacle and low enthusiasm to prosecution,taking plaintiff qualification as income-generating tool,etc..Then it enumerates and compares the representative regulations in foreign countries,and sums up the good experience which can be used for reference in the development of plaintiff qualification of environmental protection organizations in China.Finally,starting from the promotion of the development of Environmental Public Interest Litigation in China,this thesis puts forward some corresponding suggestions to the above-mentioned practical problems.