Research On Plaintiff Qualification Of Environmental Public Interest Litigation In China

In recent years,China’s economy has developed at a high speed,but the environment has shown a severe trend of tight resource constraints,serious environmental pollution,and degraded ecosystems.Environmental public interest litigation has become an effective system to reverse the deterioration of the ecological environment.The new "Civil Procedure Law" stipulates the environmental public interest litigation system.From the perspective of practice,there are still many differences in the institutional composition and theoretical explanation.The environmental public interest litigation plaintiff qualification confirmation and endowment problem is one of them.There is no litigation without plaintiff qualification.The environmental litigation plaintiff qualification confirmation and giving is the basis of environmental public interest litigation.Without the plaintiff,environmental public interest litigation cannot be discussed.At present,China’s law grants the plaintiff qualification of environmental public interest litigation to the procuratorial organs and environmental protection social organizations as well as the organs prescribed by law.Whether the three types of environmental public interest litigation plaintiffs are reasonable,and the plaintiff qualifications in judicial practice are confirmed,other subjects The plaintiff qualifications are all issues that need to be discussed.Based on the investigation of the status quo of the plaintiff qualification of environmental public interest litigation in China,this paper clarifies the status quo of the plaintiff qualification legislation and judicial practice of environmental public interest litigation in China,and then focuses on the ambiguity of the standard of the plaintiff qualification of environmental public interest litigation in China,narrow scope,conflict of prosecution order,etc.insufficient.On the basis of basic theoretical research,this paper analyzes the legislation and judicial practice of the plaintiff qualification of foreign environmental public interest litigation,and draws the enlightenment of the plaintiff’s main body qualification confirmation in China’s environmental public interest litigation.The ultimate standpoint is to clarify the qualification standards of plaintiffs in China through research,that is,to promote the practice development of environmental public interest litigation with the aim of public welfare standards;to expand the scope of the plaintiff’s main body,including citizens,environmental protection administrative departments,and environmental protection society.Organize and demonstrate their rationality and feasibility;make specific recommendations on the prosecution order between the plaintiffs.