Research On The Qualification Of Plaintiff In Environmental Public Interest Litigation

In recent years, the environment issue in our country is becoming more and more severe. Promoting the building of the environmental public interest litigation is becoming the common sense of the public. We were delighted to see that the new civil procedure law which passed in August31,2012already involved the environmental public interest litigation. It means the development of Chinese environment public interest litigation entry into a new period. This historical break has been depended on the efforts from every positive factor from society. But from the angle of the judicial practical, it doesn’t make the desirable effect. The key reason is that conventional procedure law followed the principle of direct interest relationship strictly. So when their environmental public interests were damaged, most of the social person would be rejected by the conventional procedure law because of the lack of the direct interest relationship. The environmental public interest litigation of the new civil procedure law fuzzily regulates the plaintiff’s qualification and it restricted the promotion of the building of environmental public interest litigation. This paper is based on the basic theory of the plaintiff’s qualification and takes lessons from the relevant foreign practices and combines the actual condition of the Chinese environmental public interest litigation. It puts emphasis on the comparison of the different types of plaintiff, and completely considers the favorable factors and the restraining factors, and looking forward to build the environmental public interest plaintiff’s qualification system with Chinese characteristics to form a timely, effective and comprehensive protective of the environmental public interest.Besides the introduction and the conclusion, this paper can be divided into four parts.The first chapter is about the basic theory of the plaintiff’s qualification of the environmental public interest litigation. First, we briefly introduce the concepts, types and features and so on of the public interest litigation. Then, we briefly generalized the plaintiff’s qualification of the environmental public interest litigation including the concepts of the plaintiff’s qualification, the research meaning and system mode. Last, we introduce the theory of the expansion of the plaintiff’s qualification of the environmental public interest litigation which means introduce the detail contents and development of the theory of the litigation right, the theory of the public trust doctrine, the theory of the environment rights.The second chapter is about the research of the comparison of the plaintiff’s qualification of the environmental public interest litigation. In this part, we choose five typical countries from two law systems. We deeply research and analyze these countries’development history and the judicial practice of the plaintiff’s qualification of the environmental public interest litigation. We hope that would provides some references of the building the plaintiff’s qualification of the environmental public interest litigation system.The third part is about the empirical analysis and the problem discussion of the plaintiff’s qualification of the environmental public interest litigation. First, we concluded the actual conditions of the building of the system from the angle of the substantive law and the procedure law. Then, we introduce the actively explore of the district court and combine the judicial practice of the Jiangsu court to discuss the difficulties of environmental public interest litigation after the new civil law. Last, we analyze the key factor that restrains the plaintiff’s qualification of the environmental public interest litigation. This key factor is the flaw of the plaintiff’s qualification system. We hope we can provide a right direction of the environmental public interest litigation system.The forth chapter is the system conceive of the plaintiff’s qualification of the environmental public interest litigation. It is the key content of this paper. First, we guarantee the premise of the system from two aspects including improving legislation and modification of judgment. Then, we introduce the system design of plaintiff’s qualification of the environmental public interest litigation. Last, we arrange the plaintiff who has qualification in order, and build the coordination mechanism which dominated by the environmental protection organizations and made environmental protection administrative departments as the beneficial supplement and made the inspection authority the last line of defense.