On The Plaintiff's Subject Qualification Of Environmental Public Interest Litigation In China

Environmental public interest litigation system is an important system to protect environmental public interests.With the emergence,sublimation and deterioration of environmental problems into global problems,environmental public interest litigation system has gradually been established in various countries in the world.The research on the subject qualification of plaintiff in environmental public interest litigation has been pushed to a hot spot.China's theoretical circles and judicial practice have actively studied and explored the plaintiff's subject qualification in environmental public interest litigation,and basically established the system of plaintiff's subject qualification in environmental public interest litigation,which mainly consists of procuratorial organs,organs prescribed by law and relevant organizations.China's Civil Procedure Law,Environmental Protection Law,Administrative Procedure Law and related judicial interpretations further elaborate the provisions of the plaintiff's subject qualification in environmental public interest litigation,especially the people's procuratorate as the plaintiff's subject qualification in environmental public interest litigation has achieved very good social and environmental effects in judicial practice.However,the narrow scope of the plaintiff's qualification,the imperfect provisions of procuratorial organs as the plaintiff's qualification,the unclear sequence of litigation rights among the plaintiff's qualification,and the imperfect matching mechanism of plaintiff's qualification have seriously affected the development of China's environmental public interest litigation.In view of the above problems,this paper puts forward a series of suggestions for improvement.Firstly,the scope of plaintiff's qualification in environmental public interest litigation should be broadened by relaxing the conditions of "social organization",clarifying the environmental public interest litigation function of environmental protection administrative organs,and determining the citizen's individual environmental public interest litigation subject qualification.Secondly,through establishing supervision and restriction mechanism,broadening the scope of accepting cases,and refining the rules of procedure,we can improve the qualification system of the plaintiff subject of environmental public interest litigation filed by procuratorial organs.Thirdly,by establishing the principles of private priority,administrative priority and judicial efficiency,we can straighten out the relationship between the litigation rights of the plaintiff's main qualification in environmental public interest litigation.Fourthly,through setting up the pre-procedure of notice of litigation right,establishing the incentive mechanism of environmental public interest litigation,and reasonably distributing the burden of proof in environmental public interest litigation,we can improve the relevant supporting mechanism of plaintiff's main qualification to bring environmental public interest litigation.