Research On The Plaintiff Qualification Of Civil Environment Public Interest Litigation

In recent years with the increase of haze weather and people’s discussion ofinhalable particulate matter PM2.5, the public’s line of sight bring focus back on theissue of environmental protection. For the past few years, the thinking of "heavyeconomic light green" makes the environmental crisis more and more serious, andfrequent environmental infringement cases, people are keen on environmental publicinterest litigation. In practice, the Civil Procedure law and the EnvironmentalProtection law added clauses about the prosecuting qualification of environmentalpublic interest litigation, endowing the state organs and environmental groups withthe capacity to sue, provide the legislative guidance of environmental public interestlitigation cases in the court. This is the progress of the rule of law, but this paperargues that countries in setting the prosecuting qualification for environmental publicinterest litigation is still too conservative, the threshold of prosecuting should bebroadened, and citizens should be included.The prosecuting qualification of the civil environmental public interestlitigation is in a state of confusion in the judicial practice, some courts have giventhe citizen the right of supervision to accept the case, but the majority of the court issubject to "direct stakes" in traditional law theory, and do not accept verdicts on thegrounds that the plaintiffs are not suitable. Citizens are entitled to environmentalrights and obligations. In addition, the environmental public interest litigation isinvolved in the field of criminal, civil and administrative areas, and no matter inwhich area, a citizen is a rightful party. Litigious right is the precondition oflitigation, therefore studies the litigation right of citizens in environmental publicinterest litigation, determine the prosecuting qualification of civil environmentalpublic interest litigation, is not only beneficial to maintaining justice stability, butalso on the whole has far-reaching significance to the development of environmentalpublic interest litigation system. The purpose of this paper is to research the civil prosecuting qualification inenvironmental public interest litigation. Mainly through the theoretical researchmethod and comparative research method, it briefly analyzes that the environmentright is one of citizens’ basic rights; the existence of the environmental rightprovides powerful legal basis to the environmental public interest litigation; the stateprotects and encourages public participation system; from the positive perspective, itanalyzes that citizens are entitled to the legitimacy of citizens’ plaintiff qualificationenvironmental public interest litigation. Meanwhile, after indicating that the civilprosecuting qualification can remedy the shortage of the institutions regulated by lawand environmental protection organizations, it argues about the civil prosecutingqualification in environmental public interest litigation from the contraryperspective.This paper analyzes the citizens’ difficulties and solutions in environmentalpublic interest litigation. Because of the absence of legislation and the defects of thecurrent judicial system, civil environmental public interest litigation are faced withpractical obstacles, including no laws to follow, malicious litigations, and beingunable to participate in managing environmental affairs because environmentalinformation cannot be obtained. However, overseas related legal systems and thejudicial practices have been well developed, and achieved good results, especially incivil litigation of the United States. Therefore, through drawing lessons fromoverseas related legal policy and system design, it can help to establish the civilprosecuting qualification in environmental public interest litigation in our country.