A Brief Opinion On Civil Environmental Public Interest Litigation Plaintiff Subject Qualification

In recent years, violations brought about by environmental pollution emerge in an endless stream.In 2014, for example, in Beijing, Tianjin and Hebei region, the continuing haze directly endangered the health of citizens, in Taizhou Jiangsu, the underlying discharges of industrial waste acid by numbers of chemical factories have seriously polluted rivers., There are other environmental problems frequently occur such as the exceeding of benzene in running water, an accident happened in Lanzhou. The series of events constantly warns us: environmental pollution is imminent!In response to the voice from the community, in 2012 the introduction of the "Civil Law" amendment clearly defined the civil public interest litigation system, marking the beginning of the establishment of environmental public interest civil litigation system, having the defining qualification of civil subject made one of the very key of the establishment and perfection of environmental public interest civil litigation system.And the new "Environmental Protection Law" amendment has also began its formal implementation at the beginning of 2015.The revised "Environmental Protection Law", from the perspective of the scope and conditions, further specifies the social organizations that are able to institute legal proceedings of environmental public interest.Even so, China’s existing laws and regulations still seem too rough for the defining of qualification of civil subject of environmental public interest, can hardly meet the need to guide judicial practice, so is the need to promote the development of civil litigation of environmental public interest.Imperfect legislation is one of the principal causes of the plight of civil litigation of Environmental Public Interests.Since China Civil Procedure Law has always pursued "direct interest" theory, our country has not really let go of the plaintiff qualification range of environmental public interest civil litigation, which seriously hindered the development of the environmental public interest civil litigation system.In recent years, although the development of environmental public interest civil litigation going well in terms of both the legislative and judicial, but still in the "Justice first, legislation second" or "trial and error" stage.As it is may be true that in the local explorations and practices,the establishment of environmental review tribunal and the approval of the subject qualification of environmental public interest civil action instituted as plaintiff by environmental protection department, procuratorate or even social organizations who are committed to environment protection has provided some reference for the establishment and perfection of environment public interest civil litigation,but still difficult to meet the urgent needs of judicial practice.The difficulty defining the subject qualification of plaintiff becomes a serious impediment to the performance of the function of environmental public interest civil litigation system.From the institutional point of view, other countries and regions, especially in civil law countries, in order to deal with the problem of environmental damage,they generally establish a more developed environmental public interest litigation system, and make clear regulation for qualification of plaintiff.Theoretically, the plaintiff subject qualification system of environmental public interest litigation including environmental rights theory, public trust doctrine, the theory of people sovereignty and a private attorney general theory, after its introduction into China,a large number of supporters grow, and the system gradually began to play as a theoretical basis in the process of improve and perfect plaintiff qualification system for China’s Environmental Public Interest Civil litigation. When it comes to being plaintiff of environment public interest civil litigation, procuratorate and environmental protection department have inherent advantages; Giving individual citizens the plaintiff qualifications,though leads to frivolous lawsuits,seen from the perspective of environment rights and people’s right to sovereignty, will be very necessary; Social organization stands as a third party between individual citizens and national authorities, although it has received a certain appeal from the existing law, but the existing issues from many aspects are still limiting social organization in playing its role in the Environmental Public interest Civil litigation. Therefore, emancipating social organization from dealing with environment public interest civil litigation, making clear the right of action of procuratorate and environmental protection department, giving individual citizens the qualifications of plaintiff shall be done before refine and perfect the plaintiff qualification of environmental public interest civil litigation and keep making summary and progress in practice.