Study On The Application Of The Plaintiff’s Qualification Rules In Environmental Public Interest Litigation

Environmental public interest litigation regulates environmental pollution and ecological damage through judicial methods,and exerts the judicial function of environmental protection,contributing to the judicial force for the construction of "beautiful China".The main body of the plaintiff who initiated the environmental public interest litigation has become a problem that the theoretical and practical circles have been arguing with each other.With the continuous advancement of legislation,it is clear that qualified social organizations and people’s procuratorates can initiate litigation as eligible plaintiffs.This paper analyzes the applicable laws of the judges in judging the plaintiff’s eligibility rules in judicial practice,and analyzes the criteria that the courts follow when determining the suitability of the environmental public interest litigation plaintiffs,finds out the problems in the process of identification,and proposes countermeasures and suggestions.First of all,in the case of the case specification acquisition,through the analysis of the specific cases in the real judgment documents,it is found that the courts have different laws applicable to the examination of different plaintiff qualifications,and found that the judicial determination is not clear enough to lead the judges to the applicable law.Different understandings have resulted in inconsistencies in the same plaintiff.Secondly,in the factual case of the case,the court has insufficient reasoning about the problems to be confirmed and the laws and regulations cited,and direct judgment.Different courts have different judgments on whether the plaintiff is qualified or not.Finally,in the decision-making part of the referee,simply quote laws and regulations and judicial interpretation,and do not discuss how the results are proved.All of these issues need to be analyzed.This paper analyzes a large number of referee documents through empirical research methods,analyzes the legal application of the plaintiff’s eligibility rules in environmental public interest litigation in the process of practical research,finds out the dilemma and reasons of law application,and finally perfects the environmental suitability rules of plaintiffs.The application of the law makes recommendations.The body of this article is divided into four parts:The first part is the basic situation of the legislation of the plaintiff’s eligibility rules for environmental public interest litigation in China.The Civil Procedure Law,the Environmental Protection Law and the Administrative Litigation Law stipulate that qualified environmental organizations and people’s procuratorates are eligible plaintiffs for environmental public interest litigation.Legislation has the characteristics of public welfare,the broadness of the subject,and the ambiguity of the language.The second part is the investigation of the status quo of the law applicable to the plaintiff’s eligibility rules in environmental public interest litigation--based on 66 judgment documents.Through the analysis of the selected case judgment documents,sample selection description,sample overview,etc.,the legal application characteristics of the plaintiff’s eligibility rules in environmental public interest litigation are interpreted: first,public welfare;second,authority;third,inconsistent legal interpretation Fourth,the judgment of the judges is not uniform;fifth,the rules of law application are not clear;sixth,the simplification of the judgment of the judgment documents.The third part is the analysis of the dilemma and reason of the law applicable to the plaintiff’s eligibility rules in environmental public interest litigation.According to the status quo and characteristics of the second part of the law,the dilemma and the reason analysis of its application of law from three aspects: the lack of legislation and the inconsistent judicial application rules in the case of the standardization of the case,the judiciary lacks a clear basis and the same The plaintiffs found that the results were inconsistent;the factual evidence of the case was different due to the inconsistent rules of the courts and the lack of professional literacy of the judges,which led to the different judgments of the plaintiffs in the judgment documents,and the rationality between the applicable laws and the facts of the cases.Insufficient;the results of the referee’s results are insufficient due to insufficient legislation and excessive principles,and the imperfect judicial application rules result in the judge’s lack of argumentation process or insufficient argumentation in the judgment documents.The fourth part is to sort out the dilemmas and causes raised in the third part.The legislative aspects are: precise legislative language,refine the legislative rules,and improve the legislative system.Judicial aspects: strengthen the specialization of environmental justice,unify the rules of judicial application,and improve the judges.Suggestions such as referee skills.