Try To Talk About The Lattice Of The Plaintiff Of China's Environmental Public Interest Litigation

The development of economy brings negative impact on the environment, the environmental problem is increasingly fierce, but the environmental disputes which happen in our life have mostly failed to be solved effectively. People have to think about why the environmental disputes cannot be solved ? The missing of the judicial relief means is one of the important reasons. Although there are some environmental public interest litigation cases in judicial authority environmental dispute cases, these cases are lost at the most time. On the one hand , environmental public litigation system has not really set up in our country ,there is no legal basis in the case . On the other hand, traditional plaintiff qualification theory limits the development of the environmental public interest litigation plaintiff system. Method is cloud: " without the plaintiff without the judge." If you want to establish environmental public litigation system ,you should choose the appropriate the plaintiff first for the environmental public litigation system.The establishment of environmental public interest litigation plaintiff system has become a discussion hotspot in the academic and practice in our country . The theory of plaintiff qualification in traditional procedure already cannot satisfy the demand of the environmental public interest litigation, To break the restriction of the judgment standard of "direct interests of the plaintiff said" in traditional litigation theory, to expand the scope of traditional lawsuit plaintiffs, has become a premise to establish the environmental public interest litigation plaintiff system . This paper tries to establish suitable scope for environmental public litigation system, and to carry on the reasonable limit.This paper adopts the research of empirical and comparison,to introduce China and the United States'typical unscramble environmental public interest litigation cases, find the experiences it embodies, to introduce the American "facts damage carries on the introduction and reference said" for Chinese environmental public interest litigation, to provide reasonable empirical data and foreign material for the construction of the plaintiff system.On the basis of reading of extensive documents, this paper basic contents are as follows: first, to introduce the basic principle of the plaintiff's environmental public litigation system . From four aspects to discuss the basic principle of the plaintiff's environmental public litigation system : the development of the environmental public interest litigation plaintiff , the necessity and feasibility to expand the rang of the plaintiffs of environmental public interest litigation , direct interest to the question, question the " in fact damage said " in American citizen litigation system,to establish criteria for making judgment of environmental public interest litigation. Secondly, to expound the optimum lattice the plaintiff in the legal construction of China's environmental public interest litigation, to introduce the restrictions of traditional plaintiff qualification theoretic to the environmental public interest litigation in our country. The good news is that the local judicial organs issued relevant environmental public litigation system of plaintiff and typical environmental public interest litigation case in the practice of norms pushes the development of environmental public interest litigation plaintiff . Again, to analyse the necessity and feasibility of various bodies to become environmental public interest litigation's plaintiff theoretically. To be sure the plaintiff qualification of procuratorial organs, environmental non-governmental organizations, environmental management organs, citizens .to deny the plaintiff qualification of natural body and future generations. Finally, to make reasonable restrictions and diversified coordination for the various environmental public interest litigation plaintiffs, to seek efficient operation for environmental public interest litigation plaintiff system.