Theory Of NGO’s Environmental Public Interest Litigation Plaintiff Qualification

In recent years, environmental disputes along with the improvement of economic and the development of social civilization, are unstoppable rapidly increasing. It can be said that since the rise of the first industrial revolution, every qualitative change of human society has paid huge environmental costs. Therefore, after entering into the information age, environment protecting has become a global common concept. Due to environmental resources are public properties and shared by the no specific public together, environmental public interest litigations, with the change of the information dissemination way, have received wide attention from all sectors of society, which thanks to the attention of the justice department, but more benefit from the positive charges and responding NGOs as the plaintiffs, makes the environment public interest litigations widely spread and deeply rooted in the hearts of the people.NGOs, as pioneers in the field of environmental protection, to be given on environmental public interest litigation qualification of the plaintiff’s seat is the inevitable result of keeping up with the trend of the times development. After many efforts, on April 24, 2014, the Environmental Protection Law of People’s Republic of China revised by and has formally come into effect on January 1, 2015, which means NGOs in China’s environmental public interest litigation "justified" finally, instead of the need to court for one-off franchises to environmental litigation. Although NGOs plaintiff qualification remains to be improved in concrete and safeguarded, but this is indeed a great progress in environment protection. It should be said that in the human civilization highly developed modern society, giving eligible fight for environmental rights and interests of the right to social groups, has been the trend of the times.During the year after the environmental law’s implementation, several NGOs have independently or jointly, some more with procuratorial organs and the environmental protection administrative department instituted legal proceedings for environment, including environmental pollution, ecological destruction and so on, the development of environmental public interest litigation in full swing, which is undoubtedly benefited from the implementation of new environmental law, making NGOs’ environmental public interest litigation "justified". Therefore, this paper affirms the NGOs’ environmental public interest litigation plaintiff qualification, on the premise of NGOs with the plaintiff’s qualification for the qualification of legitimacy, to what standard the plaintiff qualification of the plaintiff qualification, how to security and limit NGOs’ plaintiff qualification through the legislation and practice, and the comparison of NGOs and other main body qualification of the plaintiff and the sequence analysis and so on, attempts to cover, list illustrates, through theories and methods of the comparative analysis of other countries, deepen the NGOs in the environmental public interest litigation plaintiff qualifications, to consolidate and enrich NGOs for environmental public interest litigation theory basis and practice of the requirements, speed up the steps of environmental protection into the rule of law in our country.This article is divided into four parts, the first part is NGOs’ legitimacy of environmental public interest litigation plaintiff qualification analysis, mainly from the perspectives of theory and practice to analysis NGOs’ legitimacy of the plaintiff’s qualification; The second part is NGOs’ standards and recognition of the plaintiff qualification, through the substantial requirements and formal requirements for the qualification cognizance of the NGO is the plaintiff, at the same time discuss the foreign NGOs in the cognizance of the plaintiff qualifications in China; The third part is the guarantee of NGOs’ plaintiff qualifications and limitations, and about how to gain protection NGOs’ plaintiff qualifications, the exercise of the plaintiff qualification and plans are discussed, and the environmental public interest litigation before litigation, and how to appropriately limit NGOs’ plaintiff qualification; The fourth part is the comparison of NGOs and other main body qualification of the plaintiff and the sequence analysis, mainly taking the method of comparative analysis of the NGOs and individual citizens, NGOs and administrative organs, NGOs’ advantages compared to the procuratorial organs, as well as the main body in the environmental public interest litigation as the possibility of the plaintiff and the sequence analysis together.