Thoughts On Improving The Plaintiff’s Qualification In Environmental Civil Public Interest Litigation In China

Protecting the environment is one of China’s basic state policies.General Secretary Xi Jinping once said,"we want both green water and green mountains,and also gold and silver mountains.It is better to have green water and green mountains than to have gold and silver mountains,and green water and green mountains are gold and silver mountains," which proves the importance of protecting the environment and the sustainable development of ecological civilization.With the rapid development of China’s economy,the "by-product" of economic development has been increasing environmental pollution and ecological destruction,and environmental problems have become increasingly prominent,which has seriously affected people’s life and social development.The environmental protection movement is rising gradually,and the environmental civil public interest litigation is getting more and more attention.With the improvement of citizens’ environmental consciousness,national environmental civil public interest litigation legislation further attention,have issued a series of laws and relevant judicial explanation,civil environmental civil public interest litigation plaintiff qualification has been further clear,especially the people’s procuratorate,environmental protection,social organizations as the main body of civil environmental civil public interest litigation plaintiff made positive prominent role to maintain ecological environment.However,China’s environmental civil public interest litigation plaintiff subject qualification is too narrow,social organizations,procuratorial organs as the plaintiff subject qualification is not perfect,among the plaintiff subject qualification sequence is not clear,the plaintiff subject qualification supporting mechanism is not perfect and other problems seriously affect the development of China’s environmental civil public interest litigation.In view of the above problems,this paper puts forward a series of Suggestions for improvement.First,the scope of plaintiff’s subject qualification in environmental civil public interest litigation is broadened by granting theplaintiff’s subject qualification in environmental civil public interest litigation to citizens and relaxing the conditions of "social organization".Second,by establishing the accountability mechanism for intervening in environmental civil public interest litigation,expanding the sources of case clues and improving the investigation and evidence collection mechanism,the procuratorial organs can better perform the procuratorial supervision function and promote the development of environmental civil public interest litigation system.Thirdly,the effective exercise of the plaintiff’s right of action in environmental civil public interest litigation can be guaranteed by establishing the incentive mechanism of environmental civil public interest litigation,solving the shortage of funds for the plaintiff’s qualification,clarifying the order of the plaintiff’s lawsuit,and implementing the compulsory agency system of lawyers.