Research On The Standing Of The Environmental Totr Litigating

According to the current situation of environmental tort lawsuits in China, it iswidely accepted that the administrative means is more effective than the judicial ones,since the former provides a wider range of protection and is much easier to access to.However, it doesn’t mean that we are willing to renounce the right to institute thelegal proceedings. This thesis aims to analyze two types of can-be eligible plaintiffs inthe environmental tort lawsuits. Firstly comes the directly interested party whopossesses the most intuitive feelings toward the infringement act. If this group ofpeople were entitled the right to file a suit, the goal of constructing a right-centeredenvironmental litigation system, which will lead to the real protection, prospectiveand the intrinsic disadvantaged status of a plaintiff would be greatly improved. Thesecond type of potential eligible plaintiff is the non-directly interested party. Buildingon the comparison of relative provisions and the legal basis between the Civil law andthe Common law, it is possible to present a method of reasonably formulating thetypes of plaintiff in environmental tort lawsuits under some restrictive conditions. Inthe light of the status quo of the legislation concerning the environmental tortproceeding as well as the practical experiences, it is suggested that a multi-plaintiffmode, which is mainly represented by the individual citizen and the environmentalorganizations and supplemented by the People’s Procuratorate and the administrativeorganizations, is the most suitable one. Such a mode will guarantee the ultimatesettlement of environmental issues and the final realization of damage compensation.