Research On The Citizen Standing Of The Environmental Public Interest Litigation

Along with our country the development of the society,the problem of environmental pollution is becoming more and more serious,due to the environment is the foundation of the healthy human existence is necessary,the emergence of environment problems lead to the spread of a variety of diseases such as cancer,so people's attention to the environment is becoming more and more high,more hope to the plaintiff's identity to participate in the lawsuit to protect our survival environment.But our current legislation and the judicial citizens out of the environmental public interest litigation plaintiff qualification,meanwhile social organizations and procuratorial organs because of its lack of limitations to control the pollution effectively,make pollution has not been very good to solve.On the contrary,in many countries,environmental citizen public interest litigation has been regarded as an important legal system and has achieved good results.Internationally,environmental rights have also been regarded as a basic human right.But in China today,environment pollution is extremely serious,"smog" has become a common and widespread phenomenon,our country also has not established in the legislation of the citizen's environment right,citizens still cannot to public environmental litigation,this great damage the citizen's enthusiasm,at the same time also makes the environment less work extremely hard protective armor.Aiming at this phenomenon,in order to solve the citizen as the main body of environmental public interest litigation,mainly to individual citizens civil environmental public interest litigation subject qualification,based on the related theories,laws and regulations and judicial practice of research,literature research,comparative analysis,inductive analysis our country private citizens as the main body of civil environmental public interest litigation plaintiff legitimation basis,from the perspective of economics analysis to the purpose of the civil environmental public interest litigation and the functional one,on the basis of the particularity of China's national conditions,can't draw lessons from the legislation of a single country,this paper analyzes the four most representative system of the country,proposed consummates our country civil environmental public interest litigation individual citizens advice and relevant supporting measures,especially the United States,as the first citizen into the scope of environmental public interest litigation subject,after numerous judicial practice,it has been established in the legislation of a set of relatively mature system,can draw lessons from the relevant legislation in our country,in order to better meet the needs of judicial practice in our country.