Environmental Public Interest Litigation Plaintiff Eligibility Question Research In China

At present,focusing on the construction of ecological civilization in order to deal with the environmental pollution problems effectively.Our country put forward to building the environmental public interest litigation system on the legal level,and intends to use the judicial relief way to solve the problem of environmental pollution.However,Chinese environmental public interest litigation system is still in its infancy,also needs continuous development and improvement.As to developing and improving the system of environmental public interest litigation,the primary problem is the plaintiff eligibility.What's more,identifying the range of the plaintiff eligibility is the primary task and major challenge to establish and perfect the huge project.The New Environmental Law and the Supreme Court Judicial Interpretation further cleared the range of the "law authority" and the "related organization" in the article fifty-five of Civil Procedure Law.It applies the theory that constraint to the qualification of the plaintiff,which becomes the footstone of the system of environmental public interest litigation plaintiff eligibility.In the meanwhile,it shows important practical significance in further clarifying the plaintiff eligibility's scope and improving the system of environmental public interest litigation.But what should be noticed is that judicial practice did not make the expected effect,owing to the laws of environmental public interest litigation plaintiff eligibility's restrictions are so much that it's hard to fully mobilize the enthusiasm of all sectors of society to participate in environmental public interest litigation subject.Therefore,with studying the environmental public interest litigation plaintiff eligibility theory and current situation and comparing the environmental public interest litigation plaintiff eligibility outside the major countries,the author argues that we should adopt more relaxed attitude to the range of environmental public interest litigation plaintiff eligibility question.Firstly,at the aspect of legal basis,substantive law should endow citizen environment right.The procedural law should further clarify the law authority and organization,and relax restrictions on environmental groups.Secondly,we should put forward the relatively reasonable suggestions for the environmental group,environmental administrative organs,and conspiratorial organs in designing the concrete system.Currently,our lawmakers are taking a prudent attitude in whether citizens should be given the plaintiff qualification,which is been agreed in this article.But in the long term,citizens shall have the qualification of environment public interest litigation plaintiff.And at this stage,we can take the way of citizen representative lawsuit to make up this gap.Thirdly,on the terms of the sequence of the litigation right,we argue that environmental groups should be the dominant,environmental administrative organs should be the second line,conspiratorial organs should be added as the third line,and citizen representatives should be the last line of litigation system of the sequence.This article puts forward these suggestions and opinions in order to build and complete a suitable environmental public interest litigation plaintiff eligibility which may contribute to improve the characteristic of the system in our country.