Environmental Public Interest Litigation Plaintiff Qualification Study

In recent years, the increasingly fierce environment pollution incidents become the focus of attention. Civil environmental public interest litigation is undoubtedly made up for the current environmental law relief way insufficiency; enhance the strength of the environmental protection effective means. The plaintiff qualification restrictions have been the biggest obstacle to establish civil environmental public interest litigation in China. By2011,"amendment of the civil procedure law (draft)" is established, as an opportunity to solve in the civil environmental public interest litigation and the conflict between the traditional plaintiff qualifications. And further analyzes the plaintiff qualification rights foundation, under the premise of reasonable use for reference foreign legislation and judicial practice experience, and puts forward the draft for the reasonable Suggestions.This paper is divided into four parts to analysis civil environmental public interest litigation of plaintiff qualification problems:The first part the author introduces civil environmental public interest litigation plaintiff qualification and traditional plaintiff qualification of the conflict. Putting forward to appeal shall be interest theory in place of the traditional management theory, and then from the practice level introduced some influencing the civil environmental public interest litigation cases and related laws and regulations. Finally leads the "amendment of the civil procedure law (draft)"for civil environmental public interest litigation plaintiff qualification remains to be full and the provisions of the improvement.The second part the author makes an analysis of the civil environmental public interest litigation plaintiff qualification of the basic rights, because the right to enjoy is the precondition of the lawsuit. This chapter from the environment right theory, a private attorney general theory and the theory of public trust. Among them the environment right theory is civil environmental public interest litigation set theory foundation, they are fundamentally broaden the civil environmental public interest litigation plaintiff qualification of scope, in the judicial practice to have the important meaning.The third part the author points out that different subject to foreign countries initiate civil environmental public interest litigation experience are compared with draw lessons. Through the comparison, got a different subject in civil environmental public interest litigation the role location and participation, made clear our country plaintiff qualification setting in the existing problems, and for the further improvement of legal provisions reference.The fourth part have pointed that civil environmental public interest litigation subject is one of the common types, and lawmakers should give citizens civil environmental public interest litigation of plaintiff qualification. Simultaneously standard environmental protection departments and social groups of action, perfect the procuratorial organs of the support system of prosecution. Thus make civil environmental public interest litigation plaintiff qualification of the provisions of the more reasonable and accurate. Hope this paper can provide the reference for plaintiff qualification of our country civil environmental public interest litigation.