China’s Environmental Public Interest Litigation Plaintiff Qualification Of Research

With the development of economy, environment pollution is seriously,environmental issues of common concern is increasingly becoming a global problem.Economic development in give people bring many convenient, but also give peoplethe survival of the living environment caused great destruction, people began toreflect on people in the pursuit of the high-speed economic development espousestreatment after pollution this stupid behavior and all costs. With the increasinglyserious environmental problems, in order to better safeguard the legal rights of thepeople are not violated, through the legal way to solve environmental problems causedby the rights and interests of the dispute become people’s common choice,environmental public interest litigation which arises at the historic moment.Environmental public litigation system is a new type of litigation form, it breaksthrough the traditional litigation to plaintiff qualification in several aspects, such asrestrictions, has to protect the environment and maintain the role of public interest, atpresent has been adopted by many countries in the world.Because China’s economy is still in the development stage, all provinces,municipalities directly under the central government, autonomous region have focusedon make economic construction, one-sided pursuit of economic efficiency, and toleave behind the environmental problems, this makes the environmental problems oflocal protectionism circles appear, even if the environmental protection to theadministrative management department more power, in order to pursue the economicdevelopment, these powers will also doing nothing. In China’s current environmentalmanagement system, the environmental protection department and other departmentsof environmental protection functions and duties between complex, so departments ofpower between clearly divided, the environmental protection department of the eachother between the excuse, is serious dispute over trifles, make the legal rights of thepeople not promptly relief, such environment administration again big also can’t solveenvironmental problems. This is the current our country related environmentallitigation system present situation. This shows, the establishment of environmentalpublic litigation system, combining with the environmental management functiondepartment public interest litigation plaintiff qualification is necessary, also is thetrend of The Times.Facing the serious situation of the pollution of the environment, in order to solve economic development brings the environment problem, since since reform andopening in China had a lot of environmental legislation, and this has become China’senvironmental law nearly20years the largest number of legislation, the developmentof the fastest legal department. But China’s environmental legislation is not perfect,the most environmental law lack of maneuverability, environmental litigation plaintiffqualification range too onefold and narrow, cause the public can’t effectiveparticipation, a large number of environment is blocked in the judicial relief guard ofthe gate, environmental pollution and ecological destruction in our practice and didn’tget effectively. Therefore, the legislation for the establishment of environmentalpublic litigation system, and expand the environmental public interest litigationplaintiff qualification, define the scope of environmental public interest litigationplaintiff qualification rights, but our country environment career development, it isthe only way to better promote the development of economy, achieve harmonioussocialist society.