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

On the basis of the typical cases of environmental civil public interest litigation and the related problems which are highlighted by different subjects in China's specific judicial practice,this paper focuses on the existing civil civil litigation The system and the relevant legislation,as well as the experts and scholars of different theories and views of a comparative analysis.And as a starting point for China's civil public interest litigation system in-depth analysis.It is hoped that through the research of this paper,we can provide a new way to solve the problem of the subject qualification of civil civil litigation plaintiff in our country.The author studies the subject qualification of civil civil litigation in China by means of introduction,case introduction and controversial focus analysis,legal analysis and conclusion and enlightenment.In addition to the introduction and conclusion part,the main content of the full text is as follows:The first chapter introduces the case and the focus of the controversy.The author through the study of the China Environmental Protection Association v.XXX Co.,Ltd.water pollution infringement case,XX City People's Procuratorate v.Zhang illegal invasion of forest land case,Cai v.Long a water pollution dispute case and Guiyang City,two lakes a library v.XX limited Four kinds of cases of environmental pollution dispute of responsible company,respectively,from different subjects as the plaintiff in the specific environmental civil litigation litigation highlights the various deficiencies and flaws,conducted a comparative study.And suggested that the scope of the plaintiff's qualification of civil civil litigation in our environment should be broad,and it should include the procuratorial organs and individual citizens in addition to the clear environmental protection organizations.We can not only be confined to the "legal organs" and "environmental organizations",only the main complement each other,with each other in order to maintain environmental public safety.The second chapter is the legal analysis.The author analyzes the advantages and disadvantages of the plaintiffs who have different subjects as civil civil litigationin China.It is pointed out that although the qualified environmental protection organizations are the qualified plaintiffs approved by our country's legislation,the author thinks that from the current judicial practice,Compared with other subjects,it has unique advantages from the legal basis,the theoretical support and the judicial practice of environmental protection organizations.However,there are still some shortcomings in litigation filed by the plaintiff,which needs to be further improved.Of course,the procuratorial organs and citizens as the plaintiff of environmental civil public interest litigation in China there are some deficiencies,it is necessary through the system design so that the main body in the civil civil service litigation to give full play to their advantages while effectively avoiding their own shortcomings.The third chapter is conclusion and enlightenment.The author analyzes the disadvantages and shortcomings of the environmental protection organizations,the procuratorial organs,the citizens and the environmental administrative organs as the civil civil litigation plaintiffs in China,and points out that the management system of the environmental protection organizations should be further improved and the environmental protection organizations should be relaxed as the conditions;The adoption of legislation to clarify the prosecution can be qualified as a plaintiff situation;procuratorial organs should gradually establish and improve the environmental civil public interest litigation required professionals in the introduction and training mechanism;suggested that the state should be filed by the individual citizens civil civil litigation Expenditure to give financial support;through legislation clear by the individual citizens of the civil civil service litigation reward and punishment mechanism.