Study Of The Plaintiff 's Scope With Environmental Public Interest Litigation

With the rapid development of the economy,environmental problems such as environmental pollution and ecological destruction have shown a worsening trend,which seriously hampers the sustainable development of the economy.The rapid social progress and the improvement of people's living standards have become unbearable "China pain".The environmental public interest litigation has gradually played an important role as a judicial remedy for the infringement of environmental pollution.Environmental public interest litigation refers to the litigation activities of citizens,social organizations,environmental protection organs and other state organs to the courts for the purpose of safeguarding the public interest of the environment when the environment is polluted or destroyed,or to the court for damage to their environmental rights and interests.The environmental public interest litigation has the characteristics of litigious subject diversification,litigation function prevention,litigation purpose public welfare,etc.,To determine the environmental public interest litigation plaintiff qualification to realize the effective connection between environmental law and civil procedural law,to enhance the litigability of the law;Enhance public environmental awareness and other important significance.Article 55 of the new Civil Procedure Law of the People's Republic of China stipulates the scope of accepting public environmental litigation and the subject of litigation.Article 58 of the new Environmental Protection Law enumerates the qualifications of the plaintiff.But there are some defects such as unclear legislation,lack of citizens' qualification of the plaintiff and lack of legislation.In the legal practice,the plaintiffs of environmental public interest litigation show the trend of diversified development.The content of environmental public interest litigation legislation should start diversified mode and expand the qualification of plaintiff.Improve the scope of the plaintiff in China's environmental public interest litigation can from the following aspects: First,give the civil environmental public interest litigation plaintiff qualification;Second,perfect the procuratorial organs of the environmental public interest litigation plaintiff qualification;Third,establish the environmental administrative organs of the environmental public interest litigation plaintiff qualificatin plaintiff main multivariate conflict.on;Fourth,solving environmental public interest litigatio.