The Research Of "Organization" Plaintiff In The Environmental Social Public Interests Litigation

The provisions of Article55of The Civil Procedure Law (2012) is regarded asthe environmental public interest litigation system in our country.But the "socialpublic interest" damaged by "environmental pollution" which stipulated in the law isnot the same as the real public environmental interest,at the same time,the objectrelieved through this litigation is different from the object relieved through theenvironmental public interest litigation.Therefore,the provisions of article55is a kindof environmental damage litigation witch is very similar to the environmental publicinterest litigation,in terms of its litigation purpose,shall be referred to as theenvironmental social public interest litigation.The research of this article on "relevantorganizations"are conducted on the basis of this judgment.Through the analysis about the text of Article55of The Civil Procedure Law(2012), the paper argues, firstly,"organization" does not require have something todo with the "social public interest" witch damaged directly, that is to say,we shouldabandon the "the principle of direct interest relationship" on tradition the civilprocedure law when determine the plaintiff qualification of theorganization;Secondly,the "organization" need to have certain indirect correlation onthe wide range with the "social public interest" witch damaged;Thirdly, the "relevantorganizations" must be the "law" organization.Based on the above analysis, the law of"relevant organizations " should be regulated both in scope and conditions. Because ofthe "organization" does not have something to do with the "social public interest"witch damaged directly, so the scope of the organization plaintiff should expand asmuch as possible;At the same time,the indirect correlation between the two conditionsshould be required turn into the summarized restrictions of organization plaintiff.Fromthe nature of environmental social public interest litigation and the characteristics ofsocial organization,the organization plaintiffs should be limited by its legitimacy,public benefit, non-profit, the number of permanent staff, regular activities. "Standing on the shoulders of giants can see farther." In this paper, starting fromthe past legislation experience of domestic and overseas and judicial practice ofoverseas environmental public interest litigation,to summarize and learn the pastexperience on the organization plaintiffs about the environmental social interestlitigation.Domestic legislation and judicial practice tells us that the environmentalprotection social organization is the most important type of organization plaintiffwitch should be pay full attention to;and should also play a role in other socialorganizations like grass-roots mass self-government organizations. Through theadvanced experience overseas,in particular, the study of environmental NGO ’s in theU.S. environmental citizen suits, we find that the the "relevant organizations" need tosue incentives and certain restrictions from the institutional aspect.Drawing on the relevant experience of domestic and overseas, this article willdivided the “organization”witch suitable for filed social public interest litigation intotwo major categories:permanent organizations and temporary organizations,elaboratethe various organizations from the merits of limitations,specific conditions,how topromote their proper plaintiff eligibility and other aspects. Permanent organizationsincluding the specific types of environmental social organizations, grass-roots massself-government organizations,non-profit legal services organizations, the temporaryorganization is a fallback organization witch should be focus on analyzing thenecessity and rationality as a plaintiff.On the basis of the definition of scope,general conditions, type and its specificconditions on organizational plaintiff,in this article,through the measures such aslitigation cost reasonable assume, cracking proof of trapped and get through thechannel personnel rising,to encourage "organizations" sue for the maintenance ofenvironmental social public interest;In addition, through the measures such aspre-litigation notice system,give the benefits of win to the environmental communityand limit part of appeal rights,to govern the sue of organizations.So, theenvironmental social public interest litigation sued by "relevant organizations" can beconducted in order and the environmental social public interest litigation system can develop healthily.