The Study On The Civil's Qualification Of The Environmental Public Interest Ligation

With the fast development of our country's economy,environment pollution and people's living environment have become a hot topic.That whether citizens' appeal rights can be extended to the field of environmental lawsuit of civil public interest is an urgent problem to be solved.Theoretically,with the issue of On the Concept of Scientific Development and Strengthening Environmental Protection,the idea of promoting environmental lawsuit of civil public interest is made clear by central government.But in real life,the pollution case of the Songhua River against CNPC sued by students and teachers from Peking University was hastily closed because of the plaintiffs lack of standing.It is not difficult to see that there is a big gap between theory and practice as well as citizens yearning for a better environment.Coincidently,citizens know environmental conditions best and they also are the most sensitive group to it.In contrast,many foreign countries not only allow citizens to sue in field of environmental lawsuit of civil public interest,but also encourage them to act along with public authorities to protect our home on the base of coordinated action of private and public efforts of relief.On account of this,it is necessary to reconsider the discordance of theory and practice on this subject theoretically and seek a reasonable solution for our country basing on foreign experiences.This essay consists of four parts.The first part introduces the realistic condition of plaintiff qualification in field of environmental lawsuit of civil public interest.It lists plaintiff qualifications from Environmental Protection law of the PRC and other articles of law in different angles,defining subject of plaintiff qualification(not including citizens)and explicating the negative effect of citizens' lack of plaintiff qualification.The second part discusses theoretical basis of citizens plaintiff qualification in field of environmental lawsuit of civil public interest,including environmental right theory,expansion of right to appeal theory and the theory of procedures and parties by referring to related articles home and abroad,thus struggling to provide theoretical support for citizens'plaintiff qualification.In the meantime,this essay explicates the legitimacy of citizens'plaintiff qualification in field of environmental lawsuit of civil public interest by analyzing its positive meanings.In the third part,the essay rearranges and refers institutions home and abroad,especially that of the United States,India and the UN from a foreign angle.It's not difficult to see they all have their own advantages.However,foreign experience cannot be used directly.We need to form our own institution of citizens' plaintiff qualification in field of environmental lawsuit of civil public interest according to our practice.In the last part,the essay points out the risk of excessive lawsuits and citizens' lack of professional knowledge for environment problems will not be uncontrollable with an effective and reasonable system frame.we can turn hostility into friendship by before and after methods,thus releasing positive effect of citizens acting as subject of lawsuit.In the end,we can find that citizens,as the most basic and common subject of our nation's Civil Suit Law,should share plaintiff qualification with procuratorial organs and environmental groups in field of environmental lawsuit of civil public interest to maintain our verdant hills and clean waters jointly.