The Research On Procuratorial Organs’ Plaintiff In The Evironmental Public Interest Litigation

Since the reform and opening up, China’s economy has experienced rapid growth, but environmental pollution is getting worse. The ecological environment are basis of human survival, it is difficult to recover once destroyed. The complexity of the social benifits are related to environmental pollution, the existing litigation system can no longer be effectively applied for the protection of environmental public interest. In order to protect the environment from damaging, common countries adopting Continental Law System and Anglo-American Law System had all established litigation system of environmental public interest, and the environmental public interest litigation instituted by procuratorial organization as a plaintiff are very common. It is developed quitely perfect. In china, the case of environmental public interest litigation instituted by procuratorial organization as a plaintiff are on an overwhelming growth, which have achieved good social effects, but the environmental public interest litigation instituted by procuratorial organization as a plaintiff lack legal basis, so it is neccessary to do research on procuratorial organs’ plaintiff in the environmental public interest litigation. Put forward reasonable suggestions to the environmental public interest litigation instituted by procuratorial organization as a plaintiff.It has a certainly academic significance to the development of environmental public interest litigation and the perfect of environmental protection legal system.We adopt three ways to research procuratorial organs’plaintiff in the environmental public interest litigation:the method of comprehensive analysis、the method of comparative study and law interpretation method. It has six chapters, the first chapter introduces the study background of this article, the concept and the feature of environmental public interest litigation. The second chapter introduces the development situation of china environmental public interest litigation plaintiff qualifications, and find the problem of that.environmental public interest litigation system has not yet established in our country and the case trials lack legal basis. The traditional theory of plaintiff qualification has restricted the development of the plaintiff system in the environmental public interest litigation. Besides this, in the environmental public interest litigation, the procuratorial organization has the troubles of undefined scope of accepting cases and unkown litigation cost sharing. The third chapter introduces the current national things, such as Britain and the United States and Germany, analysis the environmental public interest litigation historically subject qualification, we can absorb and reference of a part of the perfect Civil environmental public interest litigation system of our country. The fourth chapter discuss many focus procuratorial organs environmental public interest litigation plaintiff eligibility analysis to support the author superficial research. The fifth chapter, make recommendations to the procuratorial organs’plaintiff in the environmental public interest litigation. The sixth chapter, in order to fully exert the function of public prosecution qualification of plaintiff, and then their scope of accepting cases and find out the ways to solve the problem of the litigation costs.