Research On The Civic Standing Of The Environmental Public Interest Litigation

The rapid development of economy, makes human strengthen the use and exploitation of natural resources.Environmental protection is not in place, will inevitably lead to serious consequences of environmental pollution and ecological damage, thereby threatening the human normal social order and survival.The administrative action of the government and the market economy main body management activities are the main reasons causing the sudden and serious environmental pollution.But the strongest reaction to the pollution of environment is not administrative organs, is not a market economy body,but the public who closely related with the change of environment.That becomes the trigger of mass incidents which related with environment in one hand.In recent years, the number of the environmental resource disputes show a rapid growth trend, and some of serious environmental pollution have caused the mass incidents which have increasingly become prominent issues to affect social stability.Environmental pollution has become third carriage following the labor disputes, illegal land acquisition demolition which caused mass incidents.If the mass incidents caused by environmental pollution can have a very good governance procedures, that will be a very good reference for the mass incidents which caused by labor disputes and illegal land expropriation and conflict in other properties.he author think that banning public free speech is more worst than blocking a river.As long as the public litigation channel is protected within the framework of the law, a series of social problems related with environment will be solved.The environment pollution and ecological damage will make a direct violation of the public environmental interest.The recognition of our present legal for the public as the plaintiff qualification of the environmental public interest litigation is still blank,some environmental legal rights of public participation in the environmental protection affairs is just mentioned,but more is from the point of view of the government management perspective, for citizens environmental rights and how to realize these rights is not stipulated or vague.This paper aims to make a research on the theory that the plaintiff qualification of environmental public interest litigation at home and abroad, and combine with the analysis of the domestic and foreign related case.to prove the necessity of the public as the plaintiff of environmental public interest litigation in our country on the rationality and feasibility, so as to find the theoretical basis and institutional framework for public as the environment public interest litigation plaintiff qualification.This paper is divided into four parts in the research content.The first part mainly introduces the theoretical basis of public participation in environmental protection and an environmental public interest litigation taken by the public;The second part introduces the status of China’s public environment interest litigation and legal problems;The third part introduces the background and necessity of the public as the plaintiff qualification of environmental public interest litigation;The fourth part puts forward some suggestions to promote the qualification of plaintiff in environmental public interest litigation in our country’s legal system.