The Study On The Qualification Of Chinese Environmental Public Interest Litigation

With the rapid development of economy and technology, a series of problems related to environmental pollution have appeared. Citizens as well as organizations have the obligation to prevent the further deterioration of the environment. However, when environmental violation occurs, Citizens and organizations can not only appeal to the law or the related organizations but also mediate with each other. But when we put them into practice, it can’t satisfy our demand, so we can only seek for ways of legal relief. In reality, these problems are always becoming civil suits which are not solved. As a result, it results in the further deterioration to our environment. Among many reasons, the main one is the lack of effective ways of legal relief. It is very important that we should use practical lawful means to stop our environment form being polluted and protect environment. So establishing and perfecting the rule of the civil litigation for environmental public interest is urgent. However, the establishment of environmental public interest litigation system to solve the core issue is the prosecution of the main qualifications.The legal model of single administrative supervision and the system of current civil litigation have been obstacles towards the environmental public interest litigation. At present, as for the issue of the civil litigation for environmental public interest, there is no clear and definite lawful stipulation. The traditional theory to sue is based on the private interests, while the civil litigation for environment public interest is based on the social public interests. So the theory puts restrictions on scope of the capacity as a subject of law of civil litigation for environment public interest, on the other hand, the party’s eligibility theory restricts the scope further. Thus, only when these traditional theories are broken through, can the scope of the capacity as a subject of law of civil litigation for environment public interest be set.Under the present system of the law in china, our country has been exploring the capacity as a subject of law for environmental public interest; It has achieved favorable social results in the exploration which puts the procurator ate and the environment protection organization as the plaintiff of the civil litigation for environment public interest and plays a certain part in preventing the environment pollution. But from the practical exploration of environment court, because of the restrictions on the capacity as a subject of law of civil litigation for environment public interest, the cases about environment violating rights have seldom been accepted and heard as well as dot the intended results. While we haven’t got the intended effect. The main reason is that it is lacking in the powerful law to support it. First, the subject of litigation in the Construction of the Environmental Public should improve the system in the existing procedural law on the prosecution of the main qualifications; Secondly, when constructing environmental civil litigation system, the restriction of "direct interested parties" should be broken, and citizens, social organizations or other organizations, as to the right similar or identical with their aims, should have the interests of appealing; Tertiary, we should combine the current legal system, improve the litigation system, refine and support the ways of prosecution, in order to make civil environmental public interest litigation get become one part of Chinese legal system through gradual development.