Research On The Plaintiff Qualification In Environmental Public Interest Litigation

Environmental problem has already become the attention in the world in 21st century.People began to reflect,even to question the price we've paid for these "boon" when we are enjoying the great conveniences brought by scientific and technological progress and economic development.With the increasingly serious environmental pollution,many private citizens,social organizations have resorted to judicial way to tackle these global problems,when environmental public interest litigation emerges as the times require.It breaks through many restrictions of traditional litigation on plaintiff qualification as a new type of litigation,which has been adopted by many countries in the world at present because it plays a crucial role in environmental protection and safeguard of public interest.This thesis is intended to provide some routes for the reconstruction of plaintiff qualification in environmental public interest litigation in our country through comparative study on this system in several typical countries.This thesis consists of four chapters:Chapter 1 introduces the general situation of environmental public interest litigation system.Firstly,the implication,characteristics and the purposes of establishment of environmental public interest litigation is expounded,then the background and the theoretical basis of the system is briefly introduced,which is the deep analysis and consideration to the institution itself,moreover,is the base work for us to make a further discuss later.Chapter 2 gives an introduction of the fundamental principles of plaintiff qualification in environmental public interest litigation.It respectively discourses the definition,categories,historical changes,development trends and the significance of expansion of the plaintiff qualification so as to make us have a clearer impression on this issue.Chapter 3 investigates the plaintiff qualification in environmental public interest litigation in United States,India and Japan.We can have a comprehensive and clearer understanding on this system by summarizing the foreign advanced experiences in a perspective of Comparative law,which has strong reference significance to the construction of plaintiff qualification in our country.For example,the positive role of India's judicial activism and American case -law system,the widening participation from Japanese public in safeguarding the environmental welfare and the choice of gradual reform path.Chapter 4 presents the viewpoint of reconstruction of plaintiff qualification in environmental public interest litigation in China.The necessity analysis is followed by the feasibility analysis,and then makes some suggestions about the construction of concrete institution on the basis of the experiences from other countries:Such as expand the scope of lawsuit qualification by means of legislation,the active engagement of government and public,take full advantage of Judicial activism and make the first breakthrough of the limitation on lawsuit qualification in judicial field.