Research On The Standing Of The Environmental Public Interest Litigation

Though it started late in china, present environmental law has been formulated to be a relatively adequate system after hard work in legislation for more than 20 years. However, environmental pollution and ecological damage were aggravated seriously without effective controls. The formulated environmental statues could not be well enforced, which is one of main reasons to fall into the predicament. This situation has close relationship to the intrinsic defects within the environmental law enforcement system. Chinese environmental laws are mostly implemented by the authorities in environmental administration and execution, which lacks effective public. Involvement. The public who are tightly interrelated with environment matters are actually eliminated form the environmental law enforcing subject.It is necessary of the current litigation system to reform,that is, one can design the system which is that Individual members of the community can filed environmental public interest litigation directly on the environmental damage. As a reault of the restrictions of the current litigation system on environmental public interest litigation mainly manifested in the eligibility requirements in regard to the plaintiff. The plaintiff setting up qualified right of action directly related to the exercise of public issues, so "the plaintiff qualified" to determine is the primary face of the core of the problem that is the environmental public interest litigation to face.This article is divided into four parts. The first part is related to the issue of public interest litigation environment overview, including the public interest, the concept of public interest litigation, the concept of environmental public interest litigation, characteristics, classification and system of values; The second part from the Anglo-American legal systems (mainly the United States and the United Kingdom) and civil law countries (Germany and the European Court of Justice) explore two aspects of environmental public interest litigation by foreign plaintiffs qualified development; The third part is the necessity and feasibility to build environmental public interest litigation in our country eligible for the plaintiff;Finally, environmental public interest litigation from the plaintiff's qualifications in the Legislative Council to improve environmental public interest litigation to define eligibility criteria for the plaintiff, the plaintiff environmental public interest litigation the main types of qualifications and environmental public interest litigation against the plaintiff over-qualified and given four problems to protect my own views; Finally, conclusionsProposed the establishment of environmental public interest litigation in our country eligible for the idea of the plaintiff, this is the ultimate goal of the article. It is based on Environmental Protection in China in the status quo, and hopes that the environmental public interest litigation to discuss environment-related public interest litigation system of the plaintiff eligible for the study of the environment on the Construction of China's public interest litigation system useful suggestions, which with the environmental law, Litigation, as well as environmental protection are significant.