Environmental Public Interest Litigation Procuratorial Organs Of The Plaintiff Qualification Research

A lawsuit filed must have clear the plaintiff. Environmental public interest litigation in the judicial practice in the plight of no clear in large part of the plaintiff. Establish environmental public interest litigation plaintiff qualification standards to solve practice the plaintiffs to Sue discomfort lattice problem is of great significance. Paper positivism and the method of comparison attempt to propose suitable for environmental public interest litigation features of plaintiff qualification standards, then according to the characteristics of the procuratorial organs demonstrated in the present situation is to raise the procuratorial organs of the environmental public interest litigation best subject. Paper is divided into three parts, and the main contents are as follows:The first part is introduced, and the development of the environmental public interest litigation. Firstly, from the origin and environmental public interest litigation concept, analysis of the environmental public interest litigation compared with other litigation characteristics and the particularity of the environmental public interest litigation, demonstrates not completely copy the mode of traditional lawsuit Secondly, analysis of the environmental public interest litigation foreign relevant legislation and judicial practice, specific introduced us, UK, Japan, Germany four national law for environmental public interest litigation legislation stipulation; Finally, introduces the development of the environmental public interest litigation legislation and practice of judicial exploration. Mainly through case analysis method, demonstrates the current environmental public interest litigation awkward situation.The second part, specific analysis of the environmental public interest litigation plaintiff qualification. First analysis civil lawsuits and the administrative lawsuit for plaintiff qualification regulation, then found two big traditional procedure for plaintiff qualification provisions can't adapt to the characteristics of environmental public interest litigation itself. Then, attempt to propose environmental public interest litigation plaintiff qualification standard of new ideas - the "public" that all public to protect the environment for the purpose of main body all can mention environmental public interest litigation. Finally, through legislation technology, and puts forward the design in real cases, with procuratorial organs of the environmental public interest litigation plaintiff qualification is the most appropriate choice.The third part, specific analysis and why the procuratorial organs is most suitable for China's current brought the subject of environmental public interest litigation. Mainly from the procuratorial organs own nature, procuratorial organs and other male authority, procuratorial organs and comparison of citizens, legal persons and other organizations, and comparison of the perspective of unified public prosecution. Through comprehensive analysis of all aspects of the most appropriate, demonstrates inspecting organs mention environmental public interest litigation.