Environmental Public Interest Litigation Plaintiff Appropriate Grid Problem

With the development of industrialization, the problem of environmental pollution in Chinahas become an important factor to hinder the development of economy, the problem ofenvironmental pollution is more often found in newspapers. At the same time, an importantmeans of environmental public interest litigation has become the public to safeguard publicinterests, protect environment. However, a series of environmental public interest litigationbecause of "the plaintiff is not the main grid" by the court to shut sb. Therefore, furtherimprovement of public interest litigation in the civil procedure law has become an importantwork.Public interest litigation is a topic which the theory circles and practice circles to activelyparticipate in the discussion, the vigorous development of public interest litigation practice, dueto the strong response, and network media, also let the public interest litigation has become thefocus of people’s attention. Public interest litigation in civil procedural law, refers to civilprocedure and to safeguard the national, social and public interests. However, scholars have thedefinition is different, generally speaking, the public interest litigation is in the public interest inthe infringement case, the subject has the right to court of litigation, the protection of publicinterests through legal approach procedure.Environmental public interest litigation system, can be defined as: the organization andindividual specific in order to safeguard the national, social and public environment, prevent thedamage to the environment behavior, in the environmental pollution or damage the lawsuitsystem. Can be said that environmental public interest litigation is aimed at a specific publicinterest litigation system of environmental rights infringement.According to the provisions of China’s existing relevant laws, including those related toenvironmental public interest litigation part is not many, but only few laws, regulations onenvironmental public interest litigation is much less:"constitution of people’s Republic of China"Ninth:"minerals, water, forests, mountains, grasslands, uncultivated land, beaches and other natural resources, all belong to the state, namely ownership by the whole people. The stateensures the rational use, protection of rare animal and plant. Any organization or individual isprohibited to use any means to invade or the destruction of natural resources.""Sixth"environmental protection law of the people’s Republic of China:"all units and individuals havethe right to units and individuals for pollution damage to the environment and to report andaccuse.""Civil Procedure Law" provisions of article108th, only when citizens, legal persons orother organizations have a direct interest, have the right to initiate proceedings. This precludesthe possibility to the interests of others and public interest lawsuit. In the new "Civil ProcedureLaw" fifty-fifth breakthrough adds to the relevant organs and organizations can be used as apublic interest litigation, the plaintiff, in the face of the pollution of the environment behavior,can mention environmental public interest litigation. This created the environmental publicinterest litigation system in China is the first of its kind, also has important meaning to thedevelopment of our environmental cause, however litigation qualification of plaintiff of the lawand strict, apparently because lawmakers are too cautious, it has also led to some defects in thelaw.