Study On The Suitability Of The Subjects Of Environmental Public Interest Litigation

Over the past 40 years of reform and opening up,China has made tremendous achievements in many fields which have attracted worldwide attention.But at the same time,the serious problems caused by environmental deterioration have been challenging the sensitive and fragile nerves of ordinary people.In recent years,with the awakening of people's awareness of environmental protection,the concept of ecological environmental protection is increasingly popular,how to effectively curb all kinds of environmental destruction has become an important proposition must be solved.In view of the limited private capacity and the "government failure" of administrative supervision,the legalization of environmental protection is imperative.In this context,environmental public interest litigation as a system design to meet people's environmental needs and prevent environmental damage,is favored by all countries in the world.Needless to say,compared with the actual needs of environmental protection,the construction of China's environmental public interest litigation system is slightly delayed.The Civil Procedure Law of the People's Republic of China,implemented in 2013,provides for the first time the environmental public interest litigation system,which is undoubtedly an important milestone in the legalization of environmental protection.However,as to the core issue of the eligibility of the subject of environmental public interest litigation,the civil procedure law is expressed in the principled form of "organs and related organizations prescribed by law",which leads to a lot of controversy about the eligibility of the subject of environmental public interest litigation.The eligibility of administrative organs,procuratorial organs,social organizations and individual citizens are all explored.Based on the consideration of the judicial practice of environmental protection in China,on the premise of confirming the people's procuratorate as the competent subject of environmental public interest litigation,the administrative organ should be excluded from the competent subject of environmental public interest litigation.At the same time,it is necessary to include individual citizens the eligibility of environmental public interest litigation prosecution main body,and reduce environmental groups as a condition of eligibility to prosecute the main body.Only in this way can we effectively construct the environmental public interest litigation system in our country.