Research On The Subject Qualification Of Citizen Plaintiff In Environmental Public Interest Litigation

The current Chinese Constitution has incorporated ecological civilization into the "five major civilizations",which shows the importance of environmental issues.However,with the continuous deterioration of environmental pollution,only taking administrative methods has been unable to meet the needs of almsgiving for environmental aggression.Since the newly revised Civil Procedure Law in 2013 clearly stipulated the civil public interest litigation system,it has played an active role in combating environmental pollution.However,the scope of the plaintiffs in the current environmental civil public interest litigation system in China is relatively narrow,and the existing litigation subject performance is not very satisfactory.There is still much room for improvement in Chinese environmental civil public interest litigation system.Whether citizens can file environmental civil public interest lawsuits is still a major controversy in China.China's current legislative level has not granted citizens the qualifications for plaintiffs to initiate environmental civil public interest lawsuits,however,it's very common in judicial practice that individual citizens have filed civil lawsuits involving environmental public welfare.Moreover,it is certain that citizens own many natural advantages.Therefore,we urgently need to continuously improve Chinese environmental civil public interest litigation system,and expand the scope of qualified plaintiffs.This paper will summarize the current status of environmental civil public interest lawsuits filed by individual citizens in China,and analyze the current status of legislation and judicial practice in China to find out the necessity of granting citizens qualifications in environmental public interest litigation.Secondly,this paper will make some comparison between the obstacles of the current civil lawsuits initiated by Chinese citizens and the advanced experience of foreign countries.Finally,from the perspective of social governance,the concept of citizens' civil environmental litigation system will be proposed according to China's national conditions.In view of this,individual citizens are included in the scope of the plaintiffs of environmental civil publicinterest litigation,the citizen is given the qualification for plaintiffs,and the public participation is strengthened — — with the aim to polish Chinese environmental civil public interest litigation model and thereby maximize public interest.