Study On Qualification Of The Plaintiff For The Public Environmental Interest Litigation

Establish and improve the environment for the civil legal system is a public interest litigation and improve the environment for public participation in environmental protection an important way the legal system, but also the public environment, the effective protection of the rights and interests of the foundation, and establish and improve the environment for civil public interest litigation system is the core issue of how to define Environmental Public Interest Litigation in the plaintiff. This civil proceedings the plaintiff from the environment the basic theories of system, the basic theory through research and extra-territorial system of environmental civil proceedings the plaintiffs comparative analysis, combined with China's specific national conditions, China's Environmental Public Interest Litigation proposed eligibility criteria for judging the plaintiff, and made specific building programs, advocates giving the relevant individual citizens, prosecutors, environmental organizations and related administrative authorities instituted Environmental Public Interest Litigation qualifications in order to make our environmental civil public interest litigation system has been improved to fully protect the citizens of the environmental rights and interests, promote economic and social sustainable development.This paper consists of six parts:introduction, body and conclusion chapters.The first chapter describes the environmental profile of the civil public interest litigation. First, the meaning of public interest litigation on the environment,the characteristics described; and the environmental classification of civil public interest litigation system a brief introduction; finally explained the Environmental Civil Litigation-related public interest theory, which is made by the system itself, an in-depth analysis and thinking is the basis for later discussion to start work.The second chapter describes the environmental qualification system in civil proceedings the plaintiff the main theories. Environmental rights theory, the "public trust" theory and "Private Attorney General" theoretical arguments from different perspectives of the environment to qualify for the civil proceedings the plaintiff and the legitimacy of the basis for successfully guiding the development of Environmental Public Interest Litigation. Chapterâ…¢of the United States, India and Japan, the civil proceedings the plaintiff qualified environment were studied. To compare from the perspective of the advanced experience of these extraterritorial summarize, the system that we have a comprehensive, clearer understanding. This qualification of the plaintiff has a strong reference building:such as the Indian judicial activism, the case law system for the U.S. Public Interest Litigation Environmental Civil positive role; civil public environmental movement in Japan has extensive social participation, and progressive choice of reform path.Chapterâ…£of the Public Interest in Environmental Litigation Civil Construction. The first is public interest in Environmental Civil Litigation System in the premise of analysis, including amendments to the Environmental Public Interest Litigation eligibility criteria for judging the plaintiff, the legislation recognized the right of citizens of the environment and improve the environment, civil judicial proceedings the plaintiff qualification system safeguards. And then made public in Environmental Civil Litigation range, type of claim of the plaintiff should include qualified prosecutors, private citizens, the relevant government agencies and environmental organizations, and also meet the "full benefit" criteria, there must be legislation to protect and the appropriate system security, the environment in order to effectively safeguard the public interest.