Research On Plaintiff Subject Of Marine Environment Civil Public Interest Litigation

Recently,Marine environmental pollution incidents have emerged in an endless stream.There are many disputes over the subject qualification,status and performance mode of the plaintiff in Marine environmental civil public interest litigation,which reflects the conflicts between legislation and practice,general law and special law.In reality,there are many cases of civil public interest litigation on Marine environment for the protection of the Marine environment because of the subject is not suitable and rejected,or because of the dispute of the subject procedure did not protect the environment in the first time.The reason is that there is a disconnect between traditional law and practical problems,which leads to the delay of protection and relief of Marine ecological civilization.On this basis,through the legal provisions,this paper studies the problems of the plaintiff subject system in Marine environmental civil public interest litigation.The first part of this paper introduces the basic theory of Marine environmental civil public interest litigation and the approach of various subject theories under the current law,and analyzes the nature and positioning of various subjects to bring public interest litigation by analyzing the viewpoints of theoretical scholars.The second part analyzes the problems exposed in the practice of administrative organs,procuratorial organs,social organizations and citizens following the existing procedures,and explains the difficulties of administrative organs in filing lawsuits,the limitations of procuratorial organs in filing lawsuits in the existing procedures,and the disputes between environmental organizations and citizens in filing lawsuits by combining data and case demonstration.In the third part,the analysis of environmental civil public interest litigation system of foreign countries is carried out to find the legal advice suited to our situation through the contrast between our system and different countries.The prosecution of public interest litigation by British and French procuratorial organ and administrative organ is analyzed and used for reference.It is the combination of the American citizens’ legal participation public interest litigation system and Chinese situation.Through India’s subjective provisional relief measures to seek to optimize the administrative agency as a proper subject to participate in litigation.The fourth part is to further determine the specific departments of the administrative organs of Marine supervision and administration,optimize the connecting procedures of administrative organs in litigation,gradually establish a Marine environmental civil public interest litigation system with procuratorial organs as the core,and at the same time,give play to the supervisory role of environmental organizations and citizens,so that each subject can play their own characteristics under the existing system.Effectively protect the Marine environment and ecological civilization.