The Research On The Qualified Plaintiff Of The Environmental Public Interest Litigation

In order to improve the environmental public interest litigation system in our country,we have to take the range and order of the qualified plaintiff in the environmental public interest litigation into consideration at the first place,which is also the key point of my thesis.On behalf of the State,the environmental administrative department execute powers of environmental management,protecting environmental public interest is their duty.Although the environmental administrative department can punish the action of environmental pollution by administrative means,but they can’t be omnipotent,considering their disadvantages,like less cost of punishment or low efficiency.The environmental administrative department should adopt diverse methods of environmental protection.The weaken of the common trust doctrine and the justification of parties in the environmental public interest litigation system provides the legal principle basis,which makes it possible for the environmental administrative department to become the qualified plaintiff.In comparison with the procuratorate and social organizations,the environmental administrative department has advantages in the lower litigation costs and higher efficiency and is supposed to be put on the first lawsuit rank.The procuratorate and the environmental administrative department both have the legal basis.It is also the procuratorate’s duty to use right means of law to protect the public interests.In comparison with the environmental administrative department and the social organizations,the procuratorate enjoys advantages and disadvantages.The procuratorate lacks the special advantage compared to the environmental administrative department,but has obvious advantages over the social organizations in areas of evidence collection and lawsuit experience.Therefore,the procuratorate is supposed to be put on the second lawsuit rank.Only when the environmental administrative department didn’t execute its own duty,the procuratorate could raise a lawsuit of environmental public litigation.The social organizations play an important and indispensable role in the daily work of ecoenvironment protection and control.Chinese laws stipulate explicitly the social organizations that have the ability to raise a lawsuit of environmental public litigation.Although this kind of stipulation avoids indiscriminate lawsuit in certain degree,it indeed gives a strong blow on these social organizations’ enthusiasm on the eco-environment protection.Only if the law extends the permissible limits of the social organizations that have the ability to raise a lawsuit of environmental public litigation,can they exert their full effects to protect the eco-environment.The social organizations are put on the third lawsuit rank.Only when the local environmental administrative department and the procuratorate fail to put on record or pursue the environmental vandalism,the social organizations can have the right to directly raise a lawsuit of environmental public litigation.The environmental public interest litigation system in our country still remains in an early stage of development,it is not suitable for the citizens to become the suitor of the environmental public litigation.It is a wise choice for the citizens to entrust green social organizations to raise the lawsuit of environmental public litigation,if their interests were eroded.Form what have been discussed above,we might draw the conclusion that the proper order to raise the lawsuit of environmental public litigation is the procuratorate,the environmental administrative department and the social groups...