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

Environmental civil public interest litigation is a new type of case.It is difficult to file,hear and execute the case,and the society pays close attention to it.This paper aims at the key point of the qualification of the plaintiff in the Tengger Desert Pollution Case,and deeply analyzes the existing problems in the legal system and law enforcement status through public interest litigation in China.In order to improve,implementation of legal policies and development decisions for environmental public interest interviews in China and suggestions are put forward.Firstly,as a qualified plaintiff,the structure of civil public interest litigation system,and environmental protection administrative organs,social organizations,procuratorial organs and then personal organizations with social organizations.Constructing the subject qualification of environmental civil public interest litigation,we should actively apply the "relevance" elements to determine.Thirdly,the understanding of whether social organizations are "specializing in public welfare activities for environmental protection" should be based on the purpose and scope of business of social organizations to determine whether they are "specializing in" or not.On the other hand,they should be combined with the "acts of direct improvement of the ecological environment" and the "three benefits" price given by the Supreme People's Court.Value orientation is used to define.Fourth,we should further improve the environmental civil public interest litigation system,establish a list of "eligible subjects",clarify the order of eligible plaintiffs,improve the pre-litigation procedure,clarify the jurisdiction of cases,and establish a special fund system for relief in environmental civil public interest litigation.