Research On The Prosecution Subject Of Environmental Public Interest Litigation

At present, along with China’s rapid economic development, ecological environmental damage problems have become more serious, people’s consciousness of environmental protection is gradually strengthened, and the public interest protection of ecological environment is protected by legal means. Although our country has issued a series of environmental protection laws and regulations, but the effect is not significant, the legal relief means need to improve, environmental public interest litigation system is imminent. On August 31st,2012, the new "civil procedural law" article 55 clear environmental public interest litigation system for the first time, from the legislation to protect the environment public welfare of the judicial relief took a key step. But the new "Civil Procedure Law" provisions of the environmental public interest litigation subject qualification of the plaintiff range is not clear, and the core of environmental public interest litigation system is to determine the scope of plaintiff qualification in environmental public interest litigation, Therefore, we need to further refine the environment public interest litigation system, and effectively play the role of the legal system to protect the social public interests.The goal of environmental public interest litigation is a social and public interests, while the traditional litigation theory based on the private interest, limited the scope of plaintiff in environmental public interest litigation subject, hampered the implementation of environmental public interest litigation. To build the system of environmental public interest litigation system, determined the scope of the plaintiffs qualification is the first problem. Based on the definition of related concepts of the subject of litigation system, by drawing on the experience of the United States, Britain, Japan and other countries environmental public interest litigation system construction, that our country should be incorporated into the government organs, procuratorial organs or prosecutors, environmental protection social groups and organizations, individual citizens into the scope of plaintiff’s subject, and based on the analysis of China’s environmental public interest litigation plaintiff judicial and legislative system present situation and existing problems, put forward some countermeasures and suggestions to improve our country’s environmental public interest litigation subject qualification of the plaintiff.