Research On The Qualifications Of Complainant Environment Suits

In modern times, with the high speed development of economy, environment problem is also sharp day by day, greenhouse effect, acid rain, ozonosphere damaged, nuclear pollution, and soil deserted etc. come one by one. It endangered human health and fortune more and more. It brings the focus of the whole world. In order to prevent the environment, human life and fortune, realize the continued development between the human and the environment, every country has legislated. In our country, environment problem is also very severe. It is statistic that our country is one of the largest countries to exhaust pollution (the exhausted quantity is 43 million tons); In 1998, the waste water is 36.8 billion tons; Now, soil and water loss enlarged from 1.16 million to 1.5 million square kilometers since the liberation. It has brought huge damage to the economy.Environment litigation is an effect solution to solve the problem. The complainant is the key, how to fix the standard of the qualifications, who can sue are the focuses. In the basis of states traditional theory and analysis studied condition, my thesis advances suggestions on how to perfect our law.Firstly, it is the civilians'complainant qualification.Traditional litigation theory considered that it is only the people who are the directly related to the case (the people who are damaged in life and fortune) have the qualification to sue. This theory was quoted by environment cases, but environment violated behavior is indirect and recessive, so the method is not appropriate.Environment right was bored. It is different from the life right and fortune right. It enlarged the standard of the damage to appreciation of the beauty and entertainment. This theory is attached importance in international society, especially America. But our country is fall behind relatively. Although it gives sue right to every civilian in Environment Law, it is contradictory to procedural law which is the base of the practice.In order to build the needs of harmonious society and give the same environment right to descendant, we should release the restriction. I agree with the suggestions of Wang Limin and Xu Guodong that absorbed environment right to personality rightSecondly, it is the natural object's complainant qualification.It was affected by the"human centered"that the nature's complainant qualification was not recognized, but"nature centered"provided the philosophical suggestion, the twice expansion of civil complainant provided history bases. This theory has been approved widely.In our country, the research on this problem began lately and conservatively, and the natural object's complainant qualification is still not admitted in cases. For example, in 2005, Peking University teachers and students sue Petrol China.I think, our law can quote group litigation system in America, let environment prevent association and environment prevent people be the agent.Lastly, in the third part of my thesis, I analysis the feasibility of other social powers, such as environment prevent organization, social association even decedents, and provide suggestions how to realize the environment sue right.