The Construction Of Plaintiff Qualification On Environmental Public Interest Litigation

This paper first analyzes the legislation vacancy and judicature of plaintiff qualification in china,then analysis plaintiff qualification in theory, finally construct the plaintiff qualification system.Besides introduction and conclusion,this thesis is constituted of three chapters: The first chapter describes the deficiencies of legislation and judicial practice on plaintiff qualification in China. The current law on plaintiff qualification limite the expansion of the plaintiff qualification of environmental public litigation. Chinese local counts has attempt to expand the scope of plaintiff qualification on environmental public litigation.The second chapter analysis plaintiff qualification on environmental public litigation in theory. The environmental public interest litigation which we are supposed to establish refers to the litigation which only protect the environmental public interest. We are supposed to turn litigant qualification and the interest of litigation into the standard of the establishment on plaintiff qualification. We are supposed to establish corresponding legal procedures to urge the most appropriate subject to intimate the environmental public interest litigation and process properly the conflict and cooperation between all kinds of plaintiff qualification.The third chapter elaborates the specifical construction on the type of qualified plaintiffs including the construction on five types of qualified plaintiffs and criticism on two types of qualified plaintiffs. Specifically,we are supposed to construct five types of qualified plaintiffs which are procuratorate,government departments,social comity,citizen,enterprise and exclude two types of qualified plaintiffs which are future generations and natural body.