The Exploration Of The Qualification Of Environmental Public Interest Litigation In Our Country

This paper consists of five sections. The first chapter is those of case analysis through which you can find the question:what makes the environmental public interest litigation special? Who is qualified for carrying out the activities of Environmental public interest litigation? How to improve the system of Environmental public interest litigation? Those questions above will be analyzed in the next four chapters.The second chapter mainly concerns the analysis of the characteristic of Environmental public interest litigation. By talking about what the characteristic of cases and systems concerning Environmental public interest litigation, we can clearly see what makes the Environmental public interest litigation special. The author holds that there exists three factors about the cases of Environmental public interest litigation, that is to say, commonwealth、concealment、profession. The system of Environmental public interest litigation is a new system, being different from traditional litigation system. Then, the author divides the system into two small systems, the preventive one and the response one. During the analysis, the author finds the origin between Environmental Law and Environmental public interest litigation, discovering essential connection. Then, the author demonstrates how the specialist of Environmental public interest litigation influences the prosecution’s qualification of Environmental public interest litigation.The third chapter and the fourth chapter discriminate the qualification of the prosecution. The author analyses the condition of the qualification of the prosecution from two aspects:what it ought to be and what it actually is. Based on improving the system of Environmental public interest litigation, the author suggests that the Environmental protection organization and the procuratorial organs should be qualified party for the litigation and establish the two element structure of prosecutor, from the perspective of reality. At the same time, He discusses the connection between different prosecutors and patterns of Environmental public interest litigation, finally coming up with the order of the prosecutor.In the fifth chapter, the author puts forward that we could improve the Environmental public interest litigation system of prosecutor by improving the legislation and we could build environmental protection fund to improve the system of Environmental public interest litigation.