Theory Of Environmental Tort Litigation Of The Plaintiff Eligibility

Environment, as the premise for human’s survival and evolution, holds an extremely close relation to our society. With the development of economy and the progress of the society, human beings are now facing more and more global and severe environmental problems. Environmental tort mainly refers to environmental pollution and other public hazards caused by industrial activities or other actions, which violates other’s property, personal and other rights. The standing of the plaintiff in environmental tort litigation goes against the traditional civil procedure law, therefore solving this problem may help to restore the aggrieved parties’ right as much as possible.This thesis is divided into four parts. The first part introduces the environment right and the general theory of the environmental tort, and briefly describes the generation, development and establishment of environment rights, the definition of the environmental tort and the its related remedies; as well as the standing of the plaintiff theory, the litigation parties’ theory, and other related theories, trying to get the connotation of the standing of the plaintiff theory. The second part mainly introduces the overseas legal practices in the field; by choosing different countries and their unique features of judicial practice, and through the investigation of the expansion of the standing of the plaintiff, we may find useful resources and reference. The third part mainly analyzes problems in legislation and judicial practice in our country in terms of the standing of the plaintiff, we find some problems remaining to be solved; it also discusses other social obstacles preventing us from perfecting the standing of the plaintiff problem. In the last part, the author comes up with some suggestions to perfect the standing of the plaintiff in environmental tort, and concludes that currently standing of the plaintiff may only be extended to the procurator organs, environmental authorities, and social organizations. The author is convinced that the extension of the standing of the plaintiff in environmental tort shall make full use of litigation resources to maintain our people’s interests, national and social public interests, maintain the order of the market economy, promote the development of legal system social progress.