Research On Citizens’ Standing To Sue In The Environmental Public Interest Litigation

The system of environmental pubic interest litigation is produced in order to prevent the deterioration of the environment.And in the development of the environmental public interest litigation, the citizen’s awakening of the environmental protection consciousness plays an irreplaceable role.These citizen movements not only motivated the national environmental legislation, but also promoted the environmental public interest litigation system more perfect.The environmental public interest litigation is to compensate for the insufficient and defects of law enforcement force of administrative organs,citizens are the best subject to appeal the right of protecting environmen.Confirmating citizens’ standing to sue in environmental public interest litigation can make citizens rational expression of environmental claims, and be good to make up for the law enforcement executive, deficiency and defects.Citizen environmental public interest litigation breaks the limit of the traditional lawsuit, and plays an important role in the maintenance of public environmental interests.The current trend of environmental protection legislation of various countries is expanding the standing to sue in the environmental public interest litigation, and the present legislation of our country will still refuse to give citizen the right to sue in the environmental public interest litigation.Therefore, according tothe foreign legislation experience, and the development of the traditional litigation theory and China’s current environmental protection,China should give citizens the standing to sue in the environmental public interest litigation system.This paper analyzes the necessity and feasibility, obstacle factors given to eligible standing to sue in the environmental public interest litigation system, and puts forward some suggestions to guarantee that citizens can be standing to sue in environmental public interest litigation without troubles.This paper consists of four parts:The first part is the overview of research on the environmental public interest litigation,including the overview of the concept and the development of environmental public interest litigation, the standings to sue in environmental public interest litigation.Firstly, the analysis on the concept of the environmental public interest litigation can help understand the background of the development of environmental public interest litigation background, and the citizens’role in the process of the environmental public interest litigation. Secondly, the introduction of China’s current disputes on the standing to sue in the environmental public interest litigation can help to understand the functions of these different standing to sue in the environmental public.The second part is the analysis on the legislative experience of environmental citizen suit, including the Americanand British citizen environmental litigation and the public interest environmental litigationin India.Besides,this part will also analysis on the reasons of the different systems about the environmental public interest litigation,an the analysis of the significance of these different attitude, reasonable system construction of environmental public interest litigation plaintiff system of our country.The third part is the analysis on the necessity and the feasibility of citizens in the environmental public interest litigation. First,The environmental public interest litigation intrinsic requirement and the situation of our country’s present environment decide the necessity of endowing the citizens in environmental public interest litigation plaintiff qualification.Second, it is about the obstacle of the plaintiff of environmental public interest litigation. Finally, the analysis on in theory citizens in environmental public interest litigation, including the theory of environmental rights and the development of citizen’s environmental right and the construction of the Beneparty theory breakthrough, has provided the feasibility for the qualification of plaintiff in environmental public interest litigation in the civil.The fourth part is to protect the plaintiff status of citizens in the environmental public interest litigation system and norms, including the civil environmental public interest litigation mentioned conditions, civil environmental public interest litigation in the preceding procedure, auxiliary mechanism, punishment mechanism.One aspect of these mechanisms for the establishment of civil plaintiffs subject status in the environmental public interest litigation system, on the other hand is produced in order to prevent the plaintiff qualification of citizen’s environmental public interest litigation arising from the abuse of litigation or malicious litigation problems. Finally, through the analysis of each subject between environmental public interest litigation analysis of advantages and disadvantages of various kinds of subjects in environmental public interest litigation mechanism of cooperation, in order to play the effect of environmental public interest litigation system.