The Study Of The System Related To The Citizens To Initiate Civil Environmental Public Interest Litigation

As environmental issues become hotter and hotter, the public are more foc used on environmental issues and the legal profession put more emphasis on the system of environmental litigation of public interest, regarding it as an importa nt topic of the times in recent years. The new revision of the “Civil Procedure L aw”and relevant Supreme Court judicial interpretation provide theoretical suppo rt to environmental public interest litigation system in the form of lawsuit. How ever, the legislation does not include citizen into the scope of plaintiff. In this re gard, although some scholars have raised objections that citizens, as the direct b eneficiary of the environment, should have the right to bring the civil lawsuit of environmental civil public interest litigation, and citizens should be seen as a su pplement to the plaintiff and given them litigation subject qualification.In response to this controversial issue, this paper conducted a comprehensi ve study on the current status of the plaintiff in environmental civil public inter est litigation system and specifies the problems brought by citizens not having t he right to initiate lawsuit of environmental civil public interest litigation. Then this paper analyzes the theoretical basis of citizen initiating lawsuits about envir onmental civil litigation of public interest, as well as the significance of this syst em. Meanwhile, this paper conducted a comparative study on this system betwe en United States, India and United Kingdom. Finally,based on the analysis, this essay come up with theoretical assumptions and institutional recommendations. In China, we should combine environmental rights theory, the new qualification for the proper party theory and public participation theory to build the theoretic al foundation of citizens initiating environmental civil litigation of public intere st lawsuit. Meanwhile, we should design relevant systems according to this theo ry, such as advanced review, pre-litigation notices, office support and so on.