Study On The Suitability Of Citizen Plaintiffs In Environmental Civil Public Interest Litigation

In today’s world,with the rapid development of economic prosperity,the continuous improvement of human material living standards,and the increasingly serious ecological and environmental problems,at the same time,the products endowed with the attribute of public interest,such as water sources,minerals,atmosphere and other natural resources,have been damaged to varying degrees.The further aggravation of ecological and environmental problems has led to the loss of citizens’ economic interests in natural environmental resources,which has aroused citizens’ close attention to environmental problems.China’s civil procedure law does not include citizens as qualified plaintiffs in environmental civil public interest litigation.At present,social organizations and administrative departments.Due to the limitations of various departments and organizations,they may fail to detect and stop environmental pollution in time,resulting in further aggravation of ecological and environmental problems.In order to better protect China’s ecological environment,maximize environmental interests,improve relevant laws,endow citizens with the qualification of qualified plaintiff in environmental civil public interest litigation,and solve the judicial practice difficulties of citizens becoming qualified plaintiff has become a hot topic in the legal circle.In addition to the introduction and conclusion,it is mainly discussed from the following five aspects.Firstly,by introducing cases,this paper expounds the current situation of the eligibility of citizen plaintiffs in China’s environmental civil public interest litigation,and studies the obstacles to citizens as qualified plaintiffs in the current environmental civil public interest litigation system;Secondly,demonstrates the rationality and legitimacy of citizens as qualified plaintiffs from the environmental right theory,public trust theory and private attorney general theory,and explains the significance of giving citizens the qualification of qualified plaintiffs;Thirdly,guided by the defects of China’s existing legal system of environmental civil public interest litigation,Finally,it summarizes the advanced experience of foreign legal systems,starting from the legislative system of citizen plaintiffs eligibility of environmental civil public interest litigation,the restraint system of citizen plaintiffs eligibility of environmental civil public interest litigation,and the guarantee system of citizen plaintiffs eligibility of environmental civil public interest litigation.