A Study On The Qualification Of Environmental Civil Public Interest Litigation Plaintiff

In recent years, China’s economic development needs increasingly resulting serious environmental pollution, many cases of environmental pollution not only damages the personal and property rights of citizens, but also damages the ecological benefits of the environment itself, urgent protect the public interest of environment is urgently. However, the environment is typical of public goods, which is essentially due to the characteristics of the decision itself does not require its traditional private interest protected mode for relief, therefore, of the Environmental Public Interest Litigation Civil imminent, and to build this system, need to be addressed The primary issue is to determine the qualification of the plaintiff, that the plaintiff who is to play,how to play. In this paper, four environmental public interest litigation in civil cases as an analytical basis for the successful conclusion, combined with relevant theories and law involved in the case of the four main, namely environmental executive,environmental organizations, prosecutors and private citizens as public interest litigation plaintiff the feasibility of the main qualifications to do the analysis, that the country should comply with national conditions on the basis of general Environmental Civil Litigation Suitable Accuser range can be extended to achieve the diversification of the plaintiff to protect the environment more conducive to the public interest. This thesis consists of an introduction, case reports, case the focus of controversy legal analysis, case study and solve the resulting revelation recommendations and conclusion of five parts, the second of which is the central part of the fourth part of this article discusses the basic contents are as follows:The second part introduces the basic situation of the four cases, namely, Panyu District, Guangzhou City People’s Procuratorate v. A food factory air pollution case,Kunming, Kunming Environmental Protection Agency v. XX limited liability companies and limited liability company of Kunming water pollution case, China Environmental joint Guiyang Public Environmental Education Center v. Guiyang Wudang paper mill water pollution case and Caimou v. Longmou water pollution case, combined with the "Civil Law", "environmental law", "Marine EnvironmentalProtection Law relevant provisions ", the main qualification for more than four plaintiffs were analyzed and summarized.The third part of the environmental executive, environmental organizations,prosecutors and private citizens as the plaintiff’s four main eligibility of expanded discussion of the feasibility main point is that as the plaintiff and against that theory and legal support from the legal community to elaborate, results of Environmental Civil Litigation should break the traditional rules of the plaintiff’s eligibility,expanding the scope of the plaintiff, the plaintiff establish a pluralistic system to fully protect the public interest of environment.Section IV discusses the inspiration and advice to the Institute of cases drawn,environmental advocates giving the environmental organizations, the prosecutors and individual citizens have the rights to bring a civil public interest litigation environment to mobilize social resources to protect the environment even more comprehensive range of public interest, but also on the right to appeal various subjects were restricted to a certain extent, in order to maximize the efficiency of environmental civil trial public interest litigation.