Research On The System Of Plaintiff’s Subject Qualification In Environmental Civil Public Interest Litigation

Over the past 40 years of reform and opening up,China has achieved brilliant results in economic construction,with GDP ranking second in the world.But in the meantime,the blind pursuit of economic development has caused huge damage to the ecological environment.In this context,the rule of law in environmental protection cannot be delayed,and judicial remedy through environmental civil public interest litigation is the most effective solution nowadays.And in the various aspects of environmental civil public interest litigation,the confirmation and entrusting of the plaintiffs subject qualification is the well-deserved core and foundation.Therefore,taking environmental civil public interest litigation as the base point,and taking the key part of environmental civil public interest litigation-plaintiffs subject qualification as the research direction,it is very important to discuss the current situation and future of the system of plaintiffs subject qualification in environmental civil public interest litigation in China.At present,the Civil Procedure Law,Environmental Protection Law and relevant judicial interpretations have clearly stipulated the plaintiffs subject qualification in environmental civil public interest litigations.But on the whole,the design of the system of plaintiffs subject qualification in China is still relatively lagging behind,and there are many defects.It is highlighted in the following aspects:First,the standards of plaintiffs qualification is vague,and many substantive and procedural details need to be improved.The specific manifestation is that there is often a chaotic scene of different case review scales in judicial practice;Second,the review of the plaintiffs qualification is too strict,which greatly narrows the scope of the plaintiffs;Thirdly,the procuratorial organ is faced with many difficulties when acting as the plaintiff,so it is urgent to perfect its public interest litigation rights by improving the existing system and introducing new measures;Fourth,when there are multiple eligible plaintiffs in the same case,the relationship between the action rights is not clear,which delays the efficiency of prosecution and reduces the quality of prosecution;Fifth,there is a lack of some supporting measures that can effectively improve the operating environment,which is not conducive to the smooth development and coordination of the overall work run.In response to the above problems,on the basis of analyzing and summarizing relevant real cases and advanced experience outside the region,associated with the basic conditions in China at the current stage,a number of improvement suggestions are put forward:Establish and improve relevant laws and regulations to clarify the standards of plaintiffs subject qualification so that more qualified plaintiffs can participate in environmental civil public interest litigation more conveniently;Expand the subject scope of the plaintiffs.Reduce the entry threshold of environmental protection social organizations,clearly affirm the qualification of qualified environmental protection administrative organs to sue,and allow individual citizens to sue as a separate subject;Improve the public interest litigation rights of procuratorial organs in time,refine the existing rules and establish corresponding policies;In order to save judicial resources and improve judicial quality,it is necessary to clarify the action rights of each suitable plaintiff;Timely addition of supporting measures,optimize the operation mechanism,and promote the sound development of the system of plaintiffs subject qualification in environmental civil public interest litigations.