China’s Environmental Public Interest Litigation Plaintiff Qualification Of Research

In contemporary China, increasingly serious environmental pollution, haze problem, such as safe drinking water crisis in people’s survival and development, environmental infringement cases has increased year by year. Environmental protection mechanism booming burgeoning environmental groups as well as advanced litigation legal concept accelerated the development of environmental public interest litigation. The plaintiff qualification will improve the environment and contribute to democracy, to make up for the lack of government management, and prevention of illegal play beforehand remedial effect. This new type of traditional litigation proceedings "party theory" has a very different, change the function of making litigation environmental public interest litigation has its own unique rules and system. Domestic scholars for environmental public interest litigation conducted various studies, in which the plaintiff qualification system problems are more controversial.2012 China established the environmental public interest litigation system, after the introduction of changes to the basic law and judicial interpretation of the clear limitations of social groups. But the legislation for the "legal authority" to do no further explanation, individual citizens can not bring environmental public interest litigation. This paper analyzes the environmental public interest litigation plaintiff qualification of historical development, current situation of domestic scholars researching this problem, and introduces the theory, environmental rights theory of public trust these two theoretical basis, compared to a US citizen lawsuits, Japan environmental pollution trial proceedings and the German group advanced system and the lesson of the Department of the proceedings, clarify the values and objectives to pursue plaintiff qualification system, combined with China’s specific national conditions of necessity and feasibility analysis, and whether the subject is entitled to sue the dispute through comparative analysis of argumentation. Final recommendations should give full play to the role of the primary environmental NGO, by authorizing local legislation appropriate to relax the conditions. Expressly provides that the status of environmental litigation executive, auxiliary functions and oversight responsibilities prosecution. Finally, to give citizens the right to bring a civil public interest litigation environment, while the litigation procedure set up to avoid waste of judicial resources. For the Environmental Protection Administration of inaction can also bring environmental administrative public interest litigation, and give full play the important role of public participation in environmental protection.