| Environmental public interest litigation is a kind of public interest litigation, is the bottom line to protect the environment, to protect and solve the environmental problems, safeguarding state and public interests. By the new civil procedure law "provisions of article55, now clearly authorized by law, public welfare lawsuit main body is mainly divided into two classes, namely law authorities and relevant organizations, can be incorporated into the behavior of the scope of civil public interest litigation is limited to the violation of public interests, such as environmental pollution. This article will with the two types of public welfare lawsuit main body as a starting point, and draw lessons from foreign public interest litigation system is relatively mature, advanced judicial and legislative experience, divided into four parts, further discusses the major effect of the public welfare lawsuit system in our country to establish and existence of certain defects. Public interest litigation system in our country starts late, the overview of the definition, many scholars hold different point of view, the key is there are big differences to the public welfare lawsuit main body problem. Bringing the environmental public interest litigation of given litigation, law such as the United States, Britain and Japan have different rules. System of according to the actual need to establish a private attorney general in the United States, Britain established the inspector general system, regulations. Britain’s attorney general is able to start, as from the parties or the parties involved in environmental public interest litigation. Japan also out a series of laws to protect the environment public interest regulation department provides legal aid for environmental public interest litigation. Law is not to clear authority in our country, cause we don’t know what authority to start the environmental public interest litigation, the procuratorial organs filed public interest litigation has now been recognized by most people and can be filed a civil public interest litigation and administrative authority is currently the focus of the debate. Through a large number of analysis, this paper argues that the administrative organ and procuratorial organ shall have the right to filed a public interest litigation. For organizations in the public welfare lawsuit main body status, countries such as Germany, Italy, and India has carried on the corresponding rules, to Germany for social organizations to environmental public interest litigation regulation is most complete. Rules can be seen from the law to the organization in our country, the regulation is quite fuzzy, this paper argues that in order to better protect the environment, organizations not only contains professional environmental organizations should also make full use of other public organization’s advantage. This amendment is exclude individuals, together with the present situation of foreign law for individual filed public interest litigation, at present the United States filed a public interest litigation rules for individuals is relatively complete, established the "civil litigation system", in other countries such as Japan, Germany and Britain also for individuals in public interest litigation in the litigation status of the rules, but from the judicial practice of these countries, individual filed public interest litigation or by certain restrictions. Combining with relatively complete system of foreign countries, therefore, attitude towards personal public welfare lawsuit main body, and based on the existing in our country national condition, this paper argues that individual temporarily in China still can not meet the requirement of the public welfare lawsuit main body qualifications, but with the continuous improvement of the system and mature, people were included in the scope of public welfare lawsuit main body is not empty talk. |
