The Plaintiff Qualification In Environmental Public Interest Litigation

With successive reinforcements of amendments of “Law of Civil Procedure” and“Law of Environment Protection”,our country has preliminarily established the environmental public interest litigation system.The long-expected hope for environmental protection enthusiasts seems to have come.However,after one-year reinforcements of Laws,there is no astonishing increase in the number of Environment Protection cases as we expected.The effect of prevention and management of environmental pollutions through the judicial relief has not reached the ideal state.What is called "the plaintiff qualification,is the first step toward justice.The controversial problem of the plaintiff qualification revealed in the process of law amendments has become a common focus in the society.By summarizing current legislative situation of the plaintiff qualification in our nation's environmental public interest litigation in the legislation and judiciary practice,and learning from the experiences of the plaintiff qualification definition in developed countries,this article is discussing how to break through the traditional plaintiff eligibility rules in our country,lower the threshold of the environmental public interest litigation,include citizens,social organizations,administrative organs and procuratorial organs as the main parts of environmental public interest litigation.Meanwhile by solving the problem of conflict and cooperation between each main body,assure the all-round and smooth implementation on the environmental public interest litigation system,and make it become a real warning signal for polluters.