Study On The Plaintiff Qualification Of Environmental Organizations In Environmental Public Interest Litigation

After years of theoretical study and practical exploration, environmental publicinterest litigation are no longer strangers. It has unprecedented significance and plays anirreplaceable role to the development of China’s environmental protection and themaintenance of the environmental rights of vulnerable groups, This has been a consensusin the academic community. But in exploring how to build a specific environmental publicinterest litigation, it has divergent views on the recommendations of the plaintiff qualified.Some people claim that the prosecution can be the plaintiff of the environmental publicinterest litigation. Some people believe that the environmental protection department ismore reasonable to sue. And there are some people support that the environmental publicinterest litigation should be filed by citizens. However with the increasing influence ofthe environmental non-governmental organizations, Its environmental public interestlitigation plaintiffs has more and more supporting.The environmental non-governmental organizations is who gather the environmentalvolunteers and not-for-profit, they often carry out environmental advocacy, environmentaldisputes, environmental litigation and other environmental protection activities.This thesis focuses on the qualification of plaintiff of the environmentalnon-governmental organizations for the environmental public interest litigation. It willdiscuss of that problem from three aspects. The first part of the thesis is about the meaning,the development and the difficulties of the environmental non-governmental organizations,the theoretical support for the qualification of plaintiff for its participation inenvironmental public interest litigation. In the second part, it will take the USA, Germanyand India as the example, study the successful model and perfect system of the foreigncountries. And analysis does it feasible to establish the qualification of plaintiff of theenvironmental non-governmental organizations. The last problem is how to establishspecific system to ensure the environmental non-governmental organizations to achievetheir right of action. For example, set up the pre-litigation procedure, clear the Case range,innovate the rules of evidence and the sharing mode of the litigation costs, found anenvironmental charity fund and Litigation insurance system, at last, improve the publicinterest lawyers system.