Research On The Plaintiff’s Qualification In The Marine Environmentl Public Interest Litigation

Marine environmental public interest litigation refers to the body at law on behalf of state authorities prosecuting for the public interest of marine environment. Chinese law already has a few provisions on public interest litigation, but it still far to meet the requirement. Especially, it is still controversial in our educational circles that the qualification of plaintiff in environmental public interest litigation is under question. After analyzing and summarizing the relative concepts of marine environmental public interest litigation, foreign legislations, and the current legislation in China as well as the ways to confirm plaintiff’s qualification, this paper provides some useful solutions to the question of plaintiffs qualification in marine environmental public interest litigation.This paper consists of four parts besides the introduction and conclusion.In the first part, the paper summarizes the concept of environmental public interest litigation, its history, its particularities and relative theories about it, for the purpose to descript the important value to study the plaintiff’s qualification in marine environmental public interest litigation.In the second part, the author uses the law system as division standard to elaborate the foreign legislations such as the USA, seeking for commonalities and differences between them, as to provide a reference for our country’s marine environmental public interest litigation regime establishment.In the third one, the author describes the current legislation in our country. And then discusses the determination of plaintiff qualification of the four subjects in marine environmental public interest litigation in our country.In the fourth part, the paper refers to some suggestions to perfect the plaintiff eligibility issue in marine environmental public interest litigation, including clearing out plaintiffs qualification and determination of four subjects’ position.