Theory Construction Of The Plaintiff Qualification Of Environmental Public Interest Litigation

The population on earth is increasing rapidly, after the Second World War. The people’smaterial living standard isn’t influenced by the limited natural resources. Guided by theanthropocentric concept, people keep following the previous generation’s pace to damage thenature and make the human economy rapidly developed and material living conditions greatlyimproved. However, atmospheric pollution, ozone depletion, the greenhouse effect and otherenvironmental problems started. Nature begins to revenge on humans silently: theenvironment makes the human life, health or even the continuation of life threatened. Finallyhumans started to introspect, environmental rights and environmental public interest litigationis made in this background.In China, the researches on environmental rights are various, while the researches onenvironmental public interest litigation are less. There is a saying:"no relief, no right".Studying environmental public interest litigation play a role in "paper rights" into "realityrights" role,make the study of environmental rights no longer just a dead letter. The coreproblem of the construction of the environmental public interest is the plaintiff qualification.Solving the plaintiff qualification, other issues of the system of environmental public interestlitigation will be easily solved. Therefore, the writer tries to discuss the plaintiff qualificationof environmental public interest litigation system.Firstly， the writer analysis the environmental public interest litigation and itsparticularities and introduces environmental public interest litigation plaintiff qualificationsystems in the U.S, Japan and India. Then China’s environmental public interest litigation willbe introduced. Analyze the blank legislations and judicial practice of the plaintiff ofenvironmental public interest litigation in China by the means of comparison and referenceand then point out that the plaintiff qualification of loose is in accordance with thequalification of plaintiff in environmental public interest litigation in our country. Then thisthesis points out that under this standard, the conception settings of public interest litigationplaintiff qualification of specific system is that we should give citizenship, environmentalcharity organizations and procurator organs the right of the plaintiff of environmental public interest litigation. For this thesis, the writer don’t try to form a mature theory, but want toarouse scholars’ enthusiasm of environmental public interest litigation and bring a littleinspiration to future environmental public interest litigation system research scholars.