Analysis On The Plaintiff Qualified In Environmental Civil Litigation For Public Interest

In recent years,our country is enduring an environmental high-incidence season when the rate of sudden environmental pollution accident has rapidly increased. Serious pollution events occurred frequently Like Songhua River pollution accident of China National Petroleum Corporation (CNPC) and oil spilling pollution in the Bohai Gulf. Against this background, it was clearly stipulated for the first time in the new revision of the "Civil Procedure Law" in2012that authorities and relevant organizations in law might file suit to the behaviours that are harmful to social public interests,such as environmental pollution and consumer infringement, which reflected the public interest litigation system with Chinese characteristics.From then on, public interest litigation has been provided a relatively clear legal basis, especially the clear definition of qualified litigant in the public welfare lawsuit. At the same time, it seems to rule out the possibility of individual citizens to file a public interest litigation, which means that citizens do not have the subject qualification in environmental public interest litigation. The reason why lawmakers issued such regulations may be to prevent the emergence of the abuse complaints. However, in legal practice, more and more individual citizens have eager to participate into the public welfare undertakings, including file a public interest litigation. Though a great progress has made in the public interest litigation system,the strong elusion is still obvious.This paper aims to analyze the individual qualification of environmental civil public interest litigation in our country by the method of comparison. Based on the analysis of the civil litigation in the United States, the British prosecutors system of lawsuit and letter jurisdiction in India, considering the lack of legal provisions, as well as the current trend of future development, suggestions that individuals should be endowed the qualification to bring a suit had been proposed. To support this view, relevant theoretical basis on the substantive law and procedural law are necessary. Therefore, the paper has carried on the theory of environmental right and litigation right.This paper is divided into six parts. The first part describes the the background, significance, status of research at home and broad and expectations in the future. The second part, through three examples, the current status of natural person initiate civil environmental public interest litigation, mainly from the three cases, this paper analyzes the current problem of natural person initiate civil environmental public interest litigation in our country, legislation and industry on the natural environment for the qualification of civil public interest litigation and legislative circles civil public discussion of the natural person environment public interest eligibility litigation. The third chapter describes the theoretical attitude towards natural person initiate civil environmental public interest litigation, to claim their opponents and supporters of viewpoint and reason. The fourth chapter describes the meaning and basis of the natural person initiate civil environmental public interest litigation, respectively from the legal theory basis and practice basis. The fifth chapter introduces the limiting factors on the natural person initiating the environment public interest civil litigation.There are three methods.including setting up the prepositional procedure in the administrative processing,setting the reasonable legal action notice period and refusing the prosecute of prevailing party,to improve the efficiency of lawsuit and protect the interests of defendants.The sixth chapter is conclusion, although the legislation of our country does not give any of the plaintiff qualifications, but it is a hope that to give individuals qualification to prosecute in the future, injected fresh blood to the environmental protection.