Research On The Plantiff’s Litigation Right Of The Ehvironmental Public Interest Litigation In China

With the deterioration of the environment, people’s environmental consciousness continuing awakening, environmental protection is increasingly becoming a topic of concern. To seek more means of environmental public interest protection and relief way become the urgent matter. Environmental public interest litigation system is an important means to protect the environment of the public interest through laws. Plaintiff’s litigation right is the key to start and proceed smoothly the Environmental Public Interest Litigation. To study the plaintiff’s litigation right of the environmental public interest litigation is very important for the construction of environmental public interest litigation system and exploring a road to the judicial safeguard public environmental interest. This paper, based on the traditional theory of civil procedure, learning from countries outside the outstanding experience and practice, combining with the judicial practice in the field of environmental public interest litigation in China, explore and build the plaintiff’s litigation right theory of the environmental public interest litigation under the framework of the existing legal system and exercise rules. The implementation body of litigation right——plaintiff is the basis of the exercise of the litigation right. At present our country law provisions for the plaintiff main body of the environmental public interest litigation remains to be further perfect, the article first discusses the issue. Therefore, in this paper, the basic writing logic is: the determination of the plaintiff main body——the acquisition of litigation right——exercise——guarantee and restraint. Through the discussion and analysis, this article made the following improvement and system construction for the issues related to the environmental public interest litigation plaintiff litigation.First, define and expand the environmental public interest litigation plaintiff body. Mining parties to the proceedings theory, combined with domestic and foreign legislation and judicial practice, it is considered that the environmental community organizations, administrative organs, the prosecution filed public interest litigation environment is more appropriate, the law should be clear as soon as possible. Second, explore the special litigation right obtaining theory of the environmental public interest litigation. Expanding the traditional litigation right theory to bring environmental public interest into the interest of litigation, using legal litigation take-on eligibility for expansion on the parties, in order to build the plaintiff’s litigation right obtaining theoretical basis. Third, explore and improve plaintiff’s litigation right exercising rules of the environmental public interest litigation. Based on the existing legal provisions and to improve and supplement, starting from two angles to improve and build the special exercise rules of the litigation right, one is actionable range, a jurisdiction, the statute of limitations and punishing exercise four common rules, the other one is environmental social organizations, environmental administrative organs, procuratorial organs exercising personalization rules of the litigation right. Finally, establish and improve the guarantee and restraint mechanism the exercise of the plaintiff’s litigation right. Building rules of legal aid system, litigation expenses of environment public interest litigation corresponding, to guarantee the exercising of the plaintiff’s litigation right. At the same time, through the principle of modesty, abusing accountability mechanisms, to make a certain restriction to the exercising of the plaintiff’s litigation right. One party to protect, one party to be restricted, so as to achieve the balance of the litigation right of the environmental public interest litigation.