Research On The Plaintiff’s Qualification In The Environmental Public Interest Litigation

With China’s increasingly serious environmental problems, it is imperative to set up a law suit system of environmental public interest litigation, the core of which is to clearly define the plaintiff qualification of environmental public interest litigation. To be more accurate, it is irreplaceable to promote public participation in ecological environmental protection, and to solve environmental pollution.Environmental public interest litigation has already been set up in many developed countries. The development of the plaintiff qualification of foreign environmental public interest litigation, such as the American civil action, the British prosecutor system, Japan’s public action, German group action and the range of plaintiff qualification of the environmental public interest litigation in Indian, is quite distinctive, but on the whole it is developing openly.The foreign environmental public interest litigationoffers important enlightenment tothe improvement of our plaintiff qualification of the environmental public interest litigation.Compared with foreign countries, China’s environmental public interest litigation started fairly late and there are still some problems,especially the plaintiff qualification of environmental public interest litigation.It is the bottleneck of the development of China’s environmental public interest litigation. The following are some problems in the current legal system in the provisions of the environmental public interest litigationof our country:The lack of environmental administrative public interest litigation system leads to the improper behavior by the administrative department, and makes it impossibleto suit when the environment is damaged and administrative actsof administrative departments lack of effective supervision; citizens do not have the qualification of plaintiff in environmental public interest litigation, the enthusiasm of the citizens to protect the environment and to participate in the management of environmental public affairs suffers a serious blow;the scope of social organization as plaintiff qualificationis too strict, resulting in that few qualified social organizations can enjoy the plaintiff qualification of environmental public interest litigation; related concepts in the legislation of the definition of fuzzy, implementation directly affects the rights of the environmental public interest litigation plaintiff; the people’s procuratorate pilot public interest litigationlacks legal basis.Improving the system of plaintiff qualification in China is the key to solve the problems of environmental public interest litigation. The following aspects should be improved: ensuring the environmental administrative commonweal litigation system, clearingthe scope of environmental administrative litigation plaintiff qualification; including the scope of environmental civil litigation plaintiff qualifications, the relaxation of environmental organizations as the main conditions of the plaintiffs citizens, procuratorial and administrative organs in environmental public interest litigation subject qualification; clearly defining the concept related to environmental public litigation; formulating the system guarantee for the realization of the plaintiff qualification, including the establishment of a sound incentive mechanism, conditions and procedures to encourage citizens to participate in judicial practice of environmental public interest litigation, simplified social organizations involved in environmental public interest litigation, promoting social organization ability, setting the pre-procedure of administrative public interest litigation for procuratorial organs filed, a variety of ways can be used to the procuratorial organs filed environmental public interest litigation; clearing the subject of litigation filed environmental public interest litigation in order, and ensuring that environmental public interest litigation to the plaintiff qualification of administrative organs and procuratorial organs as auxiliary means to ensure each party related subject filed can get the court recognized and accepted.