Research On Subject Qualification Of Plaintiff In Marine Environmental Civil Public Interest Litigation

As a major maritime country,China has a sea area of 4.73 million square kilometers and a continental coastline of 18,000 kilometers.In order to strengthen the judicial protection of Marine environmental interests,the second paragraph of Article 90(now Article 89)was added when the Marine Environmental Protection Law was revised in 1999,which provides for the Marine environmental regulatory authorities to propose damage compensation requirements.This article provides institutional support for the Marine environmental regulatory authorities to maintain Marine public interests when the civil public interest litigation system of environmental has not been established.However,with the establishment and development of environmental civil public interest litigation,two problems gradually appear in the judicial practice of this article: First,the successive amendments of the Civil Procedure Law and the Environmental Protection Law since 2012 have established the environmental civil public interest litigation system,while the Marine Environmental Protection Law has not made any supporting amendments,in which the plaintiff subject stipulated in the second paragraph of Article 89 conflicts with the plaintiff subject stipulated in the Civil Procedure Law Article 58;Secondly,the second paragraph of Article 89 of the Marine Environment Protection Law still states that "the Marine environment supervision department shall make a claim for damages".Based on the empirical analysis of more than 30 maritime litigation cases from 2001 to 2022,in practice,the court strictly restricts the prosecution qualification of maritime litigation on this basis,but this restriction is not conducive to the all-round protection of the Marine environment.In order to solve the above two problems,the research is divided into five parts: First,the basic concept of plaintiff subject qualification in Marine environmental civil public interest litigation is introduced,and the concept and characteristics,type division and legal basis of plaintiff subject qualification in Marine environmental civil public interest litigation are expounded from multiple perspectives.Secondly,through sorting out the current legal provisions and empirical analysis of the judgment documents to show the status quo of the plaintiff’s subject qualification in Marine environmental civil public interest litigation;Thirdly,the author analyzes the plaintiff qualification of Marine environmental regulatory organs and procuratorial organs explicitly authorized in the Marine Environmental Protection Law and the Provisions on Several Issues concerning the Handling of Marine Natural Resources and Ecological Environment Public Interest Litigation Cases,and believes that the two types of statutory subjects have their own limitations.Again and again,clarify the logical relationship between the Marine Environment Protection Law,the Civil Procedure Law and the Environmental Protection Law,and determine that the provisions of Article 89 of the Marine Environment Protection Law and Article 58 of the Civil Procedure Law do not apply to 103 "Special Law and General Law" of the Legislation Law.It is concluded that the provisions in Paragraph 2 of Article 89 of Marine Environmental Protection Law are not exclusive special provisions.Then,through the realization of legal purposes and the embodiment of the social value of the rule of law,it is demonstrated that the subject qualification of the plaintiff in civil public interest litigation on Marine environment should be extended to the environmental social organizations stipulated in the Civil Procedure Law.At the same time,in order to enhance the participation of multiple subjects,According to the principle of public participation,individual citizens can be granted conditional supplementary litigation rights in Marine environmental civil public interest litigation.Finally,it puts forward some suggestions on the design of the qualification sequence of the plaintiff in Marine environmental civil public interest litigation.It believes that the advantages and disadvantages of each plaintiff in Marine environmental civil public interest litigation should be respected,and the overall sequence should be determined as "public before private",and the specific sequence should be determined as Marine environmental regulatory organs--procuratorial organs--environmental social organizations--citizens.