Study On The Plaintiff Qualification In Environmental Tort Litigation

Environmental tort, as a special kind of tort, neither is a civil law issue or anissue of environmental law. Instead, it is a legal issue in between. It violates not onlythe private interests of the citizens, but also the public interests including theenvironment rights. So the lawsuit relief of environmental tort needs to rely on privateenvironmental litigation and public environmental litigation. The article analysesfrom the particularity of environmental tort litigation in our country, then introducesthe current situation concerning the plaintiff qualification of environmental tortlitigation, and also points out the problems existing in the legal provisions of plaintiffeligibility. Meanwhile, the essay introduces the development situation related to theplaintiff eligibility of environmental tort litigation at abroad, paying much priority tosome American and Japanese theories and cases. In particular, the plaintiff eligibilityof American environmental litigation provides a good example and lesson for ourcountry.