China's Environmental Public Interest Litigation Plaintiff Qualification Research

Since the 20th century, in the process of rapid industrial development with such a social fact that in creating highly material civilization, but also produce a lot of environmental hazards (i.e., because the human activities of daily regional environment to bring pollution and destruction happens for media and physical harm) endanger people's civil rights and environmental hazards become the contemporary one of the most serious social problem. Due to solve pollution involves public interests and the victim's double benefit protection after world war ii, countries are emphasized the litigation procedure through civil remedies for environment right. Therefore, it is environmental hazards solution speaking, countries will mass action to protect the environment right as the most effective legal technology. But, in our many environmental hazards, real resort to law using group action solves only a few examples. Eliminate all other factors, sheet is legal technology in environmental hazards itself has the complexity and damage characteristics of universality, also gave the environmental public interest litigation solutions bring a series of procedural issues. Of the serious environment problem change not only restricts the sustainable development of economy in China, also influence on national mass to survive. With the growing environmental dispute the socialization of environmental protection, presents the characteristics of public obviously. In such circumstances, environmental public interest litigation as the protection of citizens' environmental rights, to solve the environmental disputes, maintain environmental public interest edge tool needs established.In this paper , first chapter first briefly discussed general environmental public interest litigation, including the definition, characteristic and theoretical basis. The second chapter is about environmental public interest litigation plaintiff type, there are mainly six including procuratorial organs or prosecutors, special government organs, environmental protection social groups and organizations and individual citizens, future generations and natural species. The third part is to the above three kinds of China's environmental public interest litigation plaintiff qualification status description and conducted a series of pros and cons. Draw the procuratorial organs as environmental public interest litigation plaintiff became today's biggest hot the state administrative departments, as the plaintiff is usually practices and environmental NGOs and private citizens by the environmental public interest litigation lawsuit filed the conclusion less likely. The fourth chapter expounding the basic principle of environmental public interest litigation, on the basis of such typical countries by virtue of environmental public interest litigation plaintiff system for Chinese comparative study, environmental public litigation system for the reconstruction of the plaintiff qualification offers some ideas to establish in China, for the environmental public legislation mode. From theoretical and practical aspect, it is important to solve the establishment of environmental public interest litigation plaintiff qualification of obstacles. Establish a Chinese characteristics and suitable for our country present stage feasible environmental public litigation system, and need a clear provisions on the subject of litigation, relax restrictions, especially the plaintiff qualification of environmental NGOs as environmental public interest litigation the plaintiff's system design puts forward the ideas. First legislation to sure environmental groups, second right in management system to changes in environmental protection NGOs a non-competitive management principle, finally emphasize environmental NGOs should focus on the strengthening their ability construction.Environmental NGOs in through the environmental lawsuit to participate in the environmental protection aspect to have the citizen individuals don't possess the advantages, well worth the new age scholars in this respect do something useful theoretical exploration and research.