Research On The Plaintiff's Qualification In The Environmental Public Interest Litigation

With the development of science and technique, the degree of mankind's exploitation and utilization of nature is increasing. That brings not only the proliferating social fortune and the advanced standard of living, but also increasingly serious environmental pollution and zoological destroy. All kinds of environmental pollution threaten mankind's living and manufacturing environment, and result in variety of disputes of environmental rights and interests. The environmental rights and interests have dual natures, which are private benefit and public interest property. So there should be the environmental private benefit lawsuit which is for private benefit and the environmental public interest litigation which is for public interests in proceeding. In Chinese current litigation system, the environmental public interest litigation is faced with difficult situation. On the one hand, environmental pollution events are increasingly proliferating; on the other hand, environmental public interest litigation is rarely raised. There is always no result, even though the environmental public interest litigation is instituted. The reason is the limitation to qualification of plaintiff makes majority of environmental public interest litigations beyond the court in current litigation laws.Base on the serious situation of current environmental problem, our country should establish our own qualification of plaintiff in environmental public interest litigations, according to our national conditions.There are four parts in this paper. The first part includes the conception and character of public interest litigations and environmental public interest litigations, and the signification of plaintiff qualification. The second part is about the limitation to plaintiff qualification of environmental public interest litigations by current litigation laws.The third part firstly introduces the research exploration of plaintiff qualification of environmental public interest litigations in judicial practice; secondly describes the necessary to enlarge the range of plaintiff qualification in environmental public interest litigations;thirdly gives some comments and suggestions on improving the system of plaintiff qualification of environmental public interest litigations.The fourth part is about the thesis on how to harmonize the multi-plaintiff conditions in environmental public interest litigations.