Research On The Justification And Feasibility Of Citizens’ Environmental Public Interest Litigation

With the acceleration of industrialization and urbanization,more and more environmental pollution events are becoming the focus of public attention.Environmental public interest litigation,as an effective complement to environmental administrative enforcement,can not only effectively prevent environmental pollution and stop environmental damage,but also enhance the public’s enthusiasm to participate in environmental protection and vigorously promote the further implementation of environmental protection measures.In the current Civil Procedure Law,the Administrative Procedure Law,the Environmental Protection Law,and other laws,as well as the relevant provisions in the corresponding judicial interpretations concerning the qualifications of plaintiffs in environmental public interest litigation,China only includes eligible social organizations,procuratorial organs,etc.,in the subject of prosecution,and citizens have no right to bring environmental public interest litigation in their individual names.In this paper,the author holds that the legal authorities of our country should include the citizens in the litigation of environmental public interest litigation in order to ensure that the environmental rights and interests of the citizens are fully protected in the litigation process.As the origin of environmental public interest litigation,the united states has a large number of citizen litigation in the field of environment in judicial practice.At the same time,it has a mature legal theory and a complete system construction,which is worth our country’s reference.This article uses the comparative analysis method,combines the theoretical foundation and the institutional achievement of the American citizen litigation,proves the legitimacy and necessity of the citizen to bring the public interest litigation,and further discusses how to implement the institutional details of the citizen to be included in the environmental public interest litigation subject in our country.The first chapter of this paper summarizes the connotation,characteristics,and classification of environmental public interest litigation,and briefly introduces the development status of environmental public interest litigation according to current legislation and judicial practice.The second chapter of this paper analyzes the main body of environmental public interest litigation in the current legislation,including the specific provisions of the main body of environmental public interest litigation in the current legislation of our country,as well as the legal provisions of social organizations and procuratorial organs as the main body of prosecution,the status quo,causes of discussion;The third chapter of this paper demonstrates the legitimacy of environmental public interest litigation,mainly by reference to the United States citizen litigation,starting with the theoretical basis and institutional achievements,and using comparative law to justify citizen litigation;The fourth chapter of this paper demonstrates the feasibility of citizens to bring environmental public interest litigation,firstly analyzes the reasons why citizens are not included in environmental public interest litigation,then discusses the feasibility of citizens as subjects of litigation from the angle of different legal departments,and concedes the feasibility of specific systems.