Research On Plaintiff Qualification Of Environmental Public Interest Litigation In China

Since the21st century, our economy develop very fast, people’s material life levelrising but at the same time environmental pollution and ecological destructionproblems bring serious influence to people’s life. Environmental public interestlitigation is refers to, when the illegal act make public environment and publicinterests suffer damage, to safeguard the public interests by the eligibility of theplaintiff filed a lawsuit to a people’s court. As no plaintiff no litigation, the plaintiff isthe precondition of starting an environment public interest litigation procedure.The appear of environmental public interest litigation system not only reflects thelevel of the world ’s legislative progress, but also reflects the needs of safe andcomfortable living environment for the citizens. Environmental public interestlitigation originated in US who adopt the theory of "damage of directing" for themeasure.On one hand expanding the contents of the environmental damage, on theother hand expanded the scope of the plaintiff qualifications. In Britain,plaintiffdeveloped from the" prosecutor" to the " sufficient interest", through the accumulationof experience in practice establishing the system that anyone can be the environmentalpublic interest litigation. India use of the public interest litigation in the practice ofprotecting the public interest very early, the scope of the plaintiff including not onlycitizen but also the social groups. Integrated development of the countriesenvironmental public interest litigation case, China should continue to learn at thelegislative level and judicial practice, insisting the principle of protecting the publicinterest to improve the environmental public interest litigation plaintiff qualificationsystem.As provision of new civil procedure law, the office of getting the promise of law andthe related organizations can be the plaintiff of the environmental public interestlitigation but it is only a general rule, as to exactly what agencies and organizationsneed to meet again what conditions can become the eligibility of the plaintiff, theprovisions of the law and no further. At the same time, our country institutionallyrefused to citizens as the plaintiff of environmental public interest litigation, alsolimits the environmental protection organization as the plaintiff’s qualification, whichseriously restrict the development of environmental public interest litigation system.In addition, on the system in our country lack of coordination mechanism between thedifferent plaintiff, when a file a lawsuit at the same time, several subject often lead to judicial confusion, judicial resources waste problem.Because of above problems, we need to learn practical experience from othercountries, establishing the coordination mechanism between the different bodymaking our environment public interest litigation system more perfect, in order tofacilitate its effective to carry out in practice, to achieve its purpose of protecting theinterest of the public.