Research On The Plaintiff's Qualification In The Environmental Public Interest Litigation

When china opens its door, the economy has developed very fast, but at the same time, there exist so many environmental problems. At present, there are just a few environmental suits, and the fundamental reason is that there is no environmental public interest litigation, the plaintiff is the only victim and interest-related person, so the other citizen can not use the law weapon to protect environment.Around the world, many developed countries raise the opinion of environmental public interest litigation, expand the standing of the suit, in order to protect the environment; this will help companies to observe laws and disciplines, governments to enforce the law strictly and citizens to take part in the environmental protection. So, based on the condition and foreign countries'experience, we should base ourselves upon our own conditions, learn foreign countries'experience, and build our own standing of the environmental public interest litigation.Besides introduction and conclusion, this thesis is constituted of four parts.The first chapter introduces some basic definitions of environmental public interest litigation. First, introducing the definition of public interest, then introducing public interest litigations origin and definition, and the important part is the definitions of environmental public interest litigation, introducing its characteristics and standards to decide. The main purpose is trying to introduce the environmental public interest litigation thoroughly; then introducing the definition of standing to sue and the definition of the standing of environmental public interest litigation, to make its difference of three concepts of plaintiff, the factor of sue and winning a lawsuit.The second chapter examines the development of standing in American environmental citizen suits and what can learn from it. It composes of legislations and legal precedents, concludes that it experienced a time from loosing to restricting and return to loosing, introducing the classical legal precedents of environmental citizen suit. Finally point out what we can learn from environmental citizen suits in U.S.The third chapter analyses the rationality of expanding the standing of environmental public interest litigation in our country. First, points out the condition of environmental public interest litigation in China, includes the condition of legislation and judicature, then by the case points out the lack of environmental public interest litigation in our country. At the same time, there are some environmental public interest litigation cases. More and more people now ask for the environmental public interest litigation, try to expand its standing.The fourth chapter explains how to construct the standing of environmental public interest litigation,this is the key of this thesis. First, in the construction of the system of standing of environmental public interest litigation, it is important to authorize the prosecutors, environmental protection bureau, social groups and citizens the right to bring environmental public interest litigation. Then, emphasizing that nature can not become a plaintiff of the environmental public interest litigation. Finally, the thesis harmonizes the multi-plaintiff conditions in order to make the best use of the standing of the environmental public interest litigation.