Research On The Plaintiff Qualification Of Environmental Civil Public Interest Litigation In China

The rational use of environmental resources and sustainable development for the progress of human society have losts its important role,especially for such as China is in the midst of the economic development,social big transformation of developing countries,the meaning is more outstanding.At the moment,however,the depletion of resources and the deterioration of ecology seem to be moving in an irreversible direction.At this time,environmental protection is faced with the lack of public awareness and the absence of legal subjects,so the research and construction of relevant theories of environmental civil public interest litigation are particularly urgent.China's rapid economic development in recent years has brought about a great negative impact on the environment,and many environmental problems have gradually emerged and are becoming more and more serious.The protection of the environment is an obligatory responsibility that we should have at the same time in developing our economy.In practice,many cases of environmental civil public interest litigation have failed,mainly because of the plaintiff's subject qualification,which was rejected by the court.The qualification cognizance of the civil environmental public interest litigation plaintiff is discuss the hot issues in the judicial practice in China in recent years,support the countries all over the world have different theories,such as environmental right theory,the public trust theory,private attorney general theory,etc.The new provisions of the civil procedure law the "law of authorities and relevant organizations" has civil environmental public interest litigation plaintiff's subject qualification,and then in the environmental protection law and relevant judicial explanation has carried on the detailed explanation.However,compared with the countries outside the countries that have a sound legal system,there are still many problems in the relevant provisions of China's law on the plaintiff qualification of environmental public interest litigation,and the practice is also difficult.In this paper,by analyzing the domestic and foreign research status quo of civil environmental public interest litigation,the judicial status quo of civil environmental public interest litigation in our country,with the aid of related theoretical basis,points out the problem of our country civil environmental public interest litigation plaintiff qualification in some of the deficiencies,and on how to perfect our country civil environmental public interest litigation plaintiff qualification question put forward some Suggestions,for the development of our country civil environmental publicinterest litigation meager contribution.In particular,it is necessary to broaden the scope of the plaintiff in environmental civil public interest litigation,and empower citizens,environmental ngos,environmental protection administrative organs and procuratorial organs.In order to avoid the occurrence of abusive actions and waste the judicial resources,the relevant subjects may bring the environmental civil public interest litigation to the court after meeting certain conditions.At the same time,setting up environmental civil public interest litigation fund,to provide the basic guarantee for the smooth development of litigation.