Study On The Subjects Of Environmental Civil Public Interest Litigation

Environmental public interest litigation is a focus of legal circles in China in recent years,especially environmental civil public interest litigation.Environmental civil public interest litigation refers,to the laws and regulations,not with their own direct and strong relationship as a condition,in violation of the law to pollute or destroy the ecological environment to infringe on the public environment rights and interests of enterprises,institutions and individuals,in order to protect the interests of the public environment,the court,the ultimate purpose and fundamental purpose is to protect the environment through judicial litigation means.Environmental public interest litigation plays an more and more important role in the public interest of protecting the environmentThis paper discusses the subject of environmental civil public interest litigation,guided by the current civil procedure law,the basic concept sinuted by the law of environment and resources protection,and from the existing legislative provisions and judicial practice in China,comprehensively analyzes the conditions and shortcomings of the subject qualification of environmental civil public interest litigation in our country’s legislation and judicial practice.The Civil Procedure Law of the Chinese And the Law on Environmental Protection of the Chinese Republic of China in 2012 and the 2014 Law on Environmental Protection of the People’s Republic of China were amended,and the procuratorial organs and environmental protection organizations became the main body of environmental public interest litigation,and china’s environmental public interest litigation opened a new mileage.At the same time,the current law of our country and its related judicial interpretation of the environmental civil public interest litigation subject qualification is still too strict,is not conducive to the realization of the purpose of environmental public interest litigation and value function.From the point of view of the characteristics,purpose,principle of public participation and sociology law of environmental civil public interest litigation,we should improve the subject qualification of environmental civil public interest litigation in China,so that more subjects have the litigation qualification of environmental civil public interest litigation,give full play to the role of environmental civil public interest litigation,protect the public interest of the environment,realize the environmental rule of law,and realize the long-term,coordinated and sustainable development of the national social economy and environment.On this basis,the formation of environmental civil public interest litigation subject qualification of perfect construction.The perfection of the subject qualification of environmental civil public interest litigation mainly revolves around the following issues:relaxing the legal restraint on public welfare groups and associations such as environmental protection organizations;perfecting the subject qualification of environmental civil public interest litigation of the procuratorial organs;whether the local government can bring environmental civil public interest litigation;and the controversy over the environmental protection department’s filing of environmental civil public interest litigation Whether it is appropriate for citizens to bring environmental civil public interest litigation.