Analysis On Plaintiff Qualification Of Enviroment Public Interest Litigation Presented By Procuratorial Organ

Recently with the economy increasing rapidly,the gross national product(GNP)of our country is rising,and national living standard has also been improving gradually.However,increasingly serious environmental crisis has also arose with the rapid economic growth,for example the frequently appearance of the haze.These environmental problem threatens to the national living environment seriously,and causes the social attention to environmental protection.Our party and government are calling for people to change the pattern of economic development from extensive mode to intensive mode.The awareness of citizens for environmental rights protection are also gradually improving,as well as the establishment of the environmental legislation.However,there are many difficulties to collect evidence of environment infringement and witness for ordinary people,due to the long term and hidden environmental tort and the mighty body of infringement.Environmental protection organization also cannot act as the athletes and judges at the same time.And punishment measures in the current environment protection law are not strict enough.So it is difficult to stop the environment tort effectively.It is necessary to reform the system of environmental public interest litigation brought by the procuratorial organs.There are also many doubts in giving the procuratorial organs the body qualification of environmental public interest litigation qualification and program designing and so on,which is also lack of operability in the existing environmental public interest litigation system of our country.This article would show a proper modification and improvement to the existing environmental public interest litigation procedure,in order to satisfy the needs of the environmental public interest litigation.The environmental public interest litigation would be studied and discussed in three parts.First of all,a general introduction of the system is presented.The theoretical basis and principles of the system will be discussed in detail,and then a summary is concluded about the status of procuratorial organs in the system.Secondly,the rationality of the right of environmental public interest litigation owned by procuratorial organs is also explained.The comparative advantage of procuratorial organs will be elaborated in detail.At last,the system design of environmental public interest litigation brought by procuratorial organs is introduced.The design of the burden of proof in environmental public interest litigation is included.Issues about the way of conciliation adjudication,the distribution of the litigation costs and the optimization of concerning limitation of action have been studied deeply.