Research On The Environmental Public Interest Litigation Plaintiff Qualification In China

Since the 21 st century,such as environmental pollution,ecological destruction,lack of resources and other issues have been widespread concern.With the rise of China's economic,the environmental problems in the moment must be effectively controlled.Environmental public interest litigation by scholars that is an effective way.The type of economic development of western developed countries and the First World War triggered the earliest environmental problems,to the famous "eight social pollution nuisance",the United States and other countries have made the environment public interest litigation system.In the 1980 s of last century,environmental public interest litigation on the academic research was introduced into China earlier in academic research.Its substantive research breakthrough or at the start of this century,the country began to "explore establishing environmental public interest litigation" through policy orientation.In the same year,Zhang Shijun introduced this lawsuit system through doctoral,and its progress in different foreign countries.As a result,the research on the China's environmental public interest litigation to develop.There is no plaintiff without litigation.Environmental public interest litigation plaintiff qualification research is considered the basis of environmental public interest litigation system research.At present,China's law stipulates that "qualified social organization" has the plaintiff qualification,the procuratorial organ according to the pilot plan also has the plaintiff qualification,but the other subject's plaintiff qualification is still worth discussing.Environmental public interest litigation plaintiff qualification should be consistent with the existing legal system,meet the needs of the development of social economy,not limited to the standard of interest,step by step to relax the scope of environmental public interest litigation plaintiff,for environmental protection and economic sustainable development are very favorable.Research on environmental interest litigation plaintiff qualification is the basic premise of the establishment of environmental public interest litigation system,the study of environmental public interest litigation system to establish and improve the provision of services.The research on the plaintiff qualification of environmental public interest litigation from the basic concepts and theories,and focuses on the plaintiff qualification of environmental protection social organizations,environmental administrative organs,individual citizens and procuratorial organs,and analyzes the status quo of their plaintiff qualification in Chinese legislation and practice as well as the problems.The question of the plaintiff's eligibility criteria and the scope of the plaintiff's eligibility,the issue of citizens' personal plaintiff qualification,and whether the provisions of environmental protection organizations are strict.It is intended to explore the way out of the plaintiff qualification of China's environmental public interest litigation by studying the path of development of the environmental charter plaintiff of the America,Britain,Germany and Japan.In the end,the research puts forward his own ideas on the plaintiff's eligibility criteria,and promoted the development of environmental public interest litigation with the purpose of "public interest standard".The plaintiff's scope put forward four kinds of subjects(namely,individual citizens,environmental administrative organs,environmental protection organizations,procuratorial organs)Three kinds of subjects between the plaintiff qualification analysis and recommendations;the plaintiff between the proceedings in the exercise of four major aspects of the knot.