The Study Of The Social Organization As The Plaintiff Qualification Of The Environmental Public Interest Litigation

Since the first industrial revolution,every time the mankind are used to developing the society and improve the level of the economic at the cost of sacrificing the environment.However,with the deepening of social civilization,the voice of protecting the environment gets higher and higher,and protecting the environment has been the global mutual idea.Environmental resources are the fortune that belong to most non-specific people,the characteristics of environmental resources process the public attributes,protecting the environment is the duty of all the society and advocating the rights of environmental interests is also the right of all the society.So protecting the environment public interest has been the consensus of people,and the environmental public interest litigation system is also gradually developed.Environmental public interest litigation has already developed for decades in our country,and there is no legal regulations at first but it has gradually developed by the judicial litigation practice owing to the joint efforts of the judicial departments and social organizations,practice gradually developed by judicial litigation,getting attention from the legal dimensions.It is an inevitable path that the legislation confers on the social organizations,especially the environmental protection social organizations,that work in the front line to protect the environment the plaintiff qualification.The Environmental Protection Act,which has been amended several times finally came into effect on January 1st,2015.The biggest hit is that this law regulated the subject of the environmental public interest litigation plaintiff qualification and awarded the social organizations as the environmental public interest litigation of the plaintiff's qualification.In two years of carrying out the new Environmental Protection Act,the social organization filed dozens of the environmental public interest litigation cases and the causes of action mainly included environmental pollution,ecological destruction and so forth.The environmental public interest litigation developed enthusiastically,but it also encountered some difficulties inevitably.This article discusses five aspects mainly applying the method of comparative analysis and the method of historical analysis,and emphasizes the theoretical basis and the judicial practice basis of the social organization as the environmental public interest litigation subject qualification by ways of strengthening theories,covering cases and explaining.Hoping to help the development of our country's environmental public interest litigation system theory and the development of practice by analyzing and solving the problems of identifying the subject qualification of the social organization that we meet in the judicial practice.