Study On The Plaintiff Qualification Of Citizens In Environmental Public Interest Litigation

Since the reform and opening up,China's economy and society have undergone earth-shaking changes and made remarkable achievements.At the same time,we should also see that China is facing a very serious ecological environmental problems,serious degradation of the ecosystem.In recent years,the violation of social and public interests of events or behavior,especially in the field of ecological environment.Citizen environmental public interest litigation system will become an effective system to reverse the trend of ecological environment deterioration in China.Although the new Civil Procedure Law stipulates the environmental public interest litigation system,there are still many differences in the system constitution and theoretical interpretation.However,due to the limitation of litigation subject qualification,public interest litigation is rare in China.Therefore,it is particularly urgent to include citizens in the category of plaintiff qualification in environmental public interest litigation,which is conducive to improving the system of environmental public interest litigation in which multiple subjects coordinate with each other and participate together.Environmental public interest litigation subject qualification is the key to environmental public interest litigation,if lacking environmental public interest litigation subject,environmental public interest litigation will be out of the question.At present,the subjects who have the plaintiff qualification of environmental public interest in China are the procuratorate,the environmental protection social organization and the organs stipulated by laws.This paper aims to investigate the theoretical basis and necessity of the plaintiff qualification in environmental public interest litigation in China,clarify the status quo of the plaintiff's qualification in environmental public interest litigation and judicial practice in China,and then focus on the analysis of the deficiencies of the Chinese citizens' participation in environmental public interest litigation,such as the lack of legislation,the limitation of professional technical ability,and the risk of abusing litigation.Based on the basic theoretical research,this paper analyzes the provisions of the plaintiff in public interest litigation in foreign countries,and obtains the revelation of the qualification of the plaintiff in environmental public interest litigation in China.The final goal is to establish the law articles of the plaintiff in the public environmental public interest litigation through legislation,of relaxing the qualification requirements of the plaintiff,improving the public environmental legal concept,and building an information platform.What's more,to confirm the subject qualification of the plaintiff in the public environmental public interest litigation through methods above.