On The Legal Research Of Environmental NGO To Participate In The Environmental Public Interest Litigation

Environmental public interest litigation based on its character such as public welfare,Preventive remedy and a wide range of main body participation,has played a pivotal role in the environmental movement.In combination with the practice of international experience,environmental NGO both in promoting system perfect and supervising the system applications has shown a extremely important position.Environmental NGO compared with procuratorial organs, administrative organs and individuals, has unique characteristics in the environmental public interest litigation, such as the purpose of setting up it is to protect the environment, save environmental public interests;Environmental NGO personnel is more complex, became it brings together professionals from all walks of life.So they have more advantages in a professional strong environmental public interest litigation; Because of its better maintenance of environmental public interest,the environmental NGO can get social common recognition.The above features make the environmental NGO subject qualification in the environmental public interest litigation, and even play an important role. For environmental protection, country has made a series of legislative activities. In recent years, our "the civil procedure law " and " environmental protection law " carried on the correction.In 2015 the Supreme Court has issued a about civil environmental public interest litigation cases to explain some issues of applicable law and the supreme people’s court on the applicable < the civil procedure law of the People’s Republic of China > the interpretation,making specific provision to environmental NGO to participate in the environmental public interest litigation of entity and procedure rules.it makes up for the deficiency of the civil procedure law and the environmental protection law, but there are still some deficiencies.The development of the environmental public interest litigation system in the United States and Germany more mature,and environmental protection NGO participation in the environmental movement has a wealth of experience.they have provided important guidance and reference for the development of environmental protection in China NGO participation in environmental public interest litigation system.This text is mainly composed of four parts:The first part: it mainly introduces the environmental NGO participation in environmental public interest litigation theory. First, Illustrates the basic connotation and features of environmental protection NGO; next, define the basic connotation of environmental public interest litigation; Last, Combined with The general theory,It shows that environmental protection NGO based on its characteristic, compared with other subjects of prosecution, occupies the position of play a decisive role in the environmental public interest litigation.The second part: it focuses on the status quo of environmental NGO in China to participate in the environmental public interest litigation system. First, it mainly from the legislation and practice status quo aspects environmental NGO in the environmental public interest litigation system in our country is at what stage, what status quo; then, it focuses on the status quo of environmental NGO in China to participate in the environmental public interest litigation system. It expounds the active its advantages and disadvantages, and further analyzes the causes of disadvantages.The third part: this part mainly introduces practice and experience of environmental NGO to participate in environmental public interest litigation in the international level. This paper selects the United States and Germany, that their environmental public interest litigation system more mature in two legal systems. first, it has detailed discussion on bilateral environmental NGO to participate in environmental public interest litigation system. Generally speaking, environmental civil suit system America easier, relatively, Germany no matter in the aspect of plaintiff’s qualification or judicial scope has the restrictions; then, it discusses which experience for reference on the environmental public interest litigation system in the two countries to the construction and perfect of environmental public interest litigation system in China.The fourth part: according to the present situation of our country’s environmental public interest litigation system and international experience, it puts forward some countermeasures to improve environmental NGO in China to participate in the environmental public interest litigation system. First, starting from the system itself, it perfect the specific system in several aspects of the plaintiff qualification, litigation types and claims, evidence system and litigation costs; then, the formation of a system also need external institutional guarantee. It not only the government need to establish equal relationship with environmental NGO, but also the environmental NGO to strengthen self construction and improve self ability, expecting to promote the development of the environmental public interest litigation system.