The Study On The Plaintiff Qualification In Environmental Public Interest Litigation

With the development of our social economy and prosperity, China’s environmental problems have become increasingly prominent, the environmental pollution and the damage to the environment is becoming more and more serious, and the threat to environmental public interest is larger, and at the same time, to curb environmental pollution and destruction and constraints and Protect environment public interest is the most effective and strong environmental public interest litigation system has not been paid good attention to and strengthen in our country, our country has not made the legislative response to the environmental public interest litigation system in order to prevent the spread of the above problems, which is not conducive to the implementation of environmental public interest litigation system, and the construction seriously hindered our beautiful home. With the construction of a country under the rule of law, along with the expanding of our popularization activities, people’s legal consciousness has been enhanced generally, the concept to safeguard their own interests through the legal way becomes more and more stronger, Protect ing environment public interest is gradually get into the sight of people. However, the environmental public interest litigation system which is used to protect the environmental public interest has not been seriously treated, the environmental public interest litigation subject qualification of the plaintiff as the most important issues of environmental public interest litigation system is ignored by legislation. The new revised Civil Procedure Law of China simply referred to the public interest litigation in a legal provisions, which is a great progress and breakthrough for the construction of the system of environmental public interest litigation, but the subject qualification of plaintiff in environmental public interest litigation did not give a clear definition, which will lead to guideless in the judicial practice, this is a missing and legal loophole of the law. There are eligibility requirements on the environmental public interest litigation plaintiff in some special law too, but the provisions are too simple, do not form a system and does not have the maneuverability.With the development of the times, we should better adapt to social development, and seek new theory and method to improve the environmental public interest litigation system in our country, on the one hand it can enrich our legal system, to make our legal system more perfect, on the other hand, it can better maintain the specific community of interests, which is conducive to social stability and development. The traditional sense of the parties proper theory can not well support the scope of the environmental public interest litigation subject qualification of the plaintiff, the theory of right of action and the public trust theory provide the possibility and theoretical support of litigation for the new procuratorial organs, administrative organs, social groups, individual citizens as the environmental public interest litigation subject qualification of the plaintiff, at the same time a solid backing for perfecting the theory of environmental public interest litigation system. China’s environmental public interest litigation system develops relatively later, so we can learn the essence from the foreign country which is relatively earlier in the development of environmental public interest litigation system. For example, the system of social groups in German, social organizations can filed public interest litigation as plaintiffs, which plays a significant role in solving the problem of the public policy; the system of attorney in Britain, attorney general can initiate legal proceedings as the representative of public interest litigation, to advocate the rights of the public and so on, these systems have advantages and disadvantages, other countries continue to draw its essence to fill their vacancies and imperfect in law.This paper is based on the current situation of our country, and based on the successful experience from the domestic and foreign environmental public interest litigation subject qualification of the plaintiff, this paper is divided into five parts, the first part is an overview of the system of environmental public interest litigation, and the concept and features of the environmental public interest litigation plaintiff qualification; the second part is the summary of the domestic and foreign the existing system of environmental public interest litigation plaintiff, and its main body includes procuratorial organs, administrative organs, social groups, individual citizens, the four kinds of main column analysis of advantages and disadvantages for plaintiff of environmental public interest litigation; the third part analysis the shortcomings and the present situation of China’s environmental public interest litigation subject qualification of the plaintiff from the legislative and judicial aspect; The fourth part inspect the environmental public interest litigation plaintiff qualification legislation of countries, namely, Britain, Germany and Japan, and roughly put forward the introduction of specific laws and regulations to refine the environmental public interest litigation system, to expand the scope of plaintiff in environmental public interest litigation subject of strict permission, strengthen environmental protection organization and the citizen participation and attention the degree of significance; the fifth sector is the key part of this paper, mainly for some simple idea of environmental public interest litigation subject qualification of the plaintiff and the related system, from basic principles to improve the environmental public interest litigation system and related laws and regulations to improve the qualification of plaintiff in environmental public interest litigation specific ideas and relevant supporting system of environmental public interest litigation the range of species, the relaxation of environmental public interest litigation subject qualification of the plaintiff and make order regular and in order to prevent the abuse of litigation and the plaintiff to restrictions on the subject of environmental public interest litigation. We hope to be able to promote the judicial practice of public interest litigation system actively, and contribute to building a better environment.