Research On The Qualification Of Plaintiff In Environmental Public Interest Litigation

Our environmental laws although started fairly late, but after more than thirty years of hard work, has established a system of environmental laws and standards, but environmental pollution and ecological destruction did not get the effective control, but intensified. Our environmental law mainly rely on government exercise environment and control implementation, the lack of effective public participation mechanism, environmental public litigation system is due to the lack of one of the main reasons for this situation. Experience suggests that most countries, environmental public litigation system is to contain the damage the effective mechanism environmental behavior. Environmental public interest litigation plaintiff qualification legislation vacancy become restricting our environmental public interest litigation development bottleneck. China should accord with the condition of a country, and on the basis of learning experience abroad, constructing environmental public interest litigation plaintiff qualification legal system.This article except preface and conclusions, which can be divided into five chapters outside:The first chapter is to our local judicial practice of environmental public interest litigation plaintiff qualification status of empirical studies. Practice has walked in front of legislation, Some parts of the prosecution, environmental management agencies, environmental non-governmental organizations as plaintiffs filed the success of environmental public interest litigation cases. yunnan, guizhou, jiangsu, etc by setting place normative documents to try to broaden the scope of environmental public interest litigation plaintiff qualification. But with local regulatory documents effectiveness level is low, applicable scope is limited, more environmental public interest litigation case rejected by the court.The second chapter of Anglo-American law and civil law of nations environmental public interest litigation plaintiff qualification legislation and judicial practice for an investigation. By comparison to the perspective of foreignfiction summarizes the advanced experience of our country, and points out the enlightenment.In the third chapter presents environmental public interest litigation should choose start-up mode and the establishment of environmental public litigation plaintiff qualification expansion of the path.The fourth chapter of our environmental public interest litigation optimum case the plaintiff classification was analyzed. Suggest that give procuratorial organs, environmental management organs, environmental non-governmental organization,lawyers association, lawyers environmental public interest litigation right.Chapter 5 for action by public security measures. the plaintiff's right to lodge appeals.