Discussion On The Social Organizations Participating In Civil Public Interest Litigation Relating To Environment Protection

The issue of plaintiff qualifications in Environmental Civil Public Interest Litigation has been the focus of controversy at the areas of academic and judicial practice. Among these prosecution subjects, social organizations has non-governmental non-profit, professional and public characteristics, it gradually become the main force of the environmental civil public interest litigation. After the "Civil Procedure Law" makes ice-breaking provisions of the social organizations participating in civil public interest litigation, the new "Environmental Protection Law" and relevant judicial interpretations also make detailed and rigorous provisions to address this issue. Owing to the legislation's support and the accumulation of practical experience, the dominant position of social organization in the environmental civil public interest litigation is basically determined. But it's difficult for the social organization to prosecute because of the law's strict limit and social organization's own lack. Thus, through the improvement of laws and regulations, I hope to delineate a reasonable range of social organizations which have the right to sue, and to break difficulties that social organizations faced. It's to ensure that social organizations play an effective role in the environmental civil public interest litigation.This article is based on this perspective, Through the study of new law in our country and the analysis of typical cases at home and abroad, I hope to discuss the problems that social organizations faced and the methods to solve them. Firstly, this article defines the concepts and the characteristics of the environmental civil public interest litigation and social organization, meanwhile, the feasibility and legitimacy of social organizations participating into the litigation are also analyzed. Then, this article analyzes the various difficulties that social organizations faced when they Initiate the environmental civil public interest litigation. These difficulties include five aspects: the limit to the main body's qualifications is too strict, the funds are Insufficient?Litigation cost burden mechanism is not reasonable, poor management operation, measures of support and incentives are lacking, Trial and execution are difficult. In our country, there is still a long way to go if the social organizations want to play a role in protecting the environmental public interest. Next, I take examples of “Taizhou case”and “Nanping case”,which happened near to the enactment of the ?Environmental Protection law?,and “Laidlaw case”happened in American. These cases vividly reflect the present situation and problems of environment civil public interest litigation in our country. Through researching the successful cases and analyzing their successful experiences in overcoming difficulties, These beneficial practices will be promoted in the whole country, and provide reference for the perfection of the legislation in our country. Finally, this article proposes recommendations to crack plight. Based on the analysis of existing problems and the experience of successful cases, attempts to build the system through relaxing the qualification restrictions to society organizations, strengthening the social organizations funding, strengthening the social organizations' self construction, establishing the social organizations' support and reward system, improving the environmental justice and Execution System. To search for a road that is suitable for the development of environmental civil public interest litigation, and to promote the development of environmental legal construction.