Research On The Citizen Standing Of The Environmental Public Interest Litigation

As the economy grows in our country,environmental problems are increasingly serious,and causes widespread public attention.Our revised Civil Law clearly stipulates the environmental public interest litigation system,our new Environmental Protection Law has officially confirmed the eligibility qualified of social organizations on public interest litigation environment,which is a big step forward in our legislation.But unfortunately,the two laws limit the plaintiff qualification in relevant state organs and social organizations,and exclude citizen,it is very unreasonable.From the practical experience overseas,citizen has been endowed the plaintiff qualification,and it plays an very important role in the field of environmental protection.From our reality,only relying on the government’s decision-making and execution is not enough to environmental protection,it is more in need of the participation of the general public,giving plaintiff qualification to the citizen is the proper meaning of public participation.In the long run,it will help to preserve the environment public interest,advance the ecological progress and achieve green development.Therefore,citizen should obtain plaintiff qualification.This paper take the modification of Environmental Protection Law in our country as the background,combined with the relevant practice in our country,and draw lessons from foreign experience at the same time,to discuss the civic subject status of the environmental public interest litigation,to provide theoretical support for legislation to give the plaintiff qualification for citizen,and to further perfect the environmental public interest litigation system in our country.This paper has five parts:the first part is general theory about environmental public interest litigation,introduces the concept and function about environmental public interest litigation,and states the concept of it’s plaintiff qualification, then on this basis,briefly analyze the eligibility of plaintiff on environmental public interest litigation in our country;the second part mainly from the aspects of theoretical basis,practical significance and reality basis to analyze the rationality of initiating environmental public interest litigation by citizen in our country;the third part mainly analyzes practical obstacles that it is faced;the fourth part mainly analyzes the civic environmental PILs in some foreign countries,include the United States, some European countries and India;the fifth part is mainly to construct civic environmental public interest litigation system,to build and design our civic environmental public interest litigation from legal system and procedure.