Research On The Plaintiff's Qualification In The Environmental Public Interest Litigation

In recent years,environmental problems have become more prominent,but the number of environmental public interest litigation in the country brought about by the few.The main reason is that when the environmental public welfare is damaged,most social subjects do not have the plaintiff's qualification and refused to outside the proceedings.This article is about the plaintiff's qualification of the environmental public interest litigation to start.In addition to the introduction and conclusion,this article is divided into four chapters.The first chapter elaborates the basic theory of environmental public interest litigation.First of all,define the connotation of public interest,and then introduce the emergence and development of public interest litigation and the necessity;secondly,clear the concept of environmental public interest litigation,characteristics,types,production and development;thirdly,clear the concept of plaintiff's qualification,and made a distinction with the relevant concepts;finally,the theoretical support of environmental public interest litigation is analyzed already.The second chapter is the problems and reasons of the plaintiff's qualification in our country.First of all,analyzes the problems existing in our substantive law and procedural law,mainly includes procedural law for the plaintiff's qualification strict restrictions and substantive law missing;secondly,it analyzes the reasons for the existence of the problem,mainly the standard of the plaintiff's qualification is too strict and the current law is not clear to the type of the plaintiff's qualification.The third chapter studies the development of American citizenship litigation and the enlightenment to our country.First of all,from both case law and statute,Introduced the process of plaintiff's qualification from relaxation to restriction to full liberalization,and pointed out the criteria for judging the qualifications of environmental citizens;secondly,discussed the enlightenment to the plaintiff's qualification of environmental public interest litigation to our country.The fourth chapter focuses on the thinking of the plaintiff's qualification of environmental public interest litigation in our country,which is the core content of this article.First of all,it is a premise to amend the criteria for the qualification of environmental public interest litigation plaintiffs;secondly,in the type of plaintiff's qualification,I believe that to give citizens,environmental groups,environmental resources protection administrative organs and prosecutors to the plaintiff's qualification of the environmental public interest litigation,at the same time,point out that natural objects do not have the plaintiff's qualification of the environmental public interest litigation;finally,the plaintiff of the environmental public interest litigation was coordinated already.