Researching Of Plaintiff Qualification Of Citizen In Environmental Public Interest Litigation

As a developing country, Chinese economy has maintained steady growth abandoningenvironmental issues. Economy developing focuses on numerous growth and ignoresenvironmental issues. More domestic enterprises still belongs to the extensive traditionalbusiness, not taking economic development and environmental issues into account, whichmakes the environmental problems more severe. Chinese existing laws on environmentalpublic interest litigation rely on almost administrative institutions and environmentalorganizations to achieve public interest of environmental protection.However, there aremany problems between administrative institutions and environmental organizations,whichcannot deal with environmental public protection efficiently.In such condition, citizens needto attend the environmental public protection, who can be qualified to be the plaintiff.This paper is expounded in four parts focusing on the environmental public interestlitigation of plaintiff qualification of citizens.The first part studies the theory of the environmental rights of citizens and public trustdoctrine laid the theoretical foundation of our citizens to participate in environmental publicinterest litigation and then describes the value of our citizens’ plaintiff qualification ofenvironmental public interest litigation.The second part discusses the plight that when our citizens filed environmental publicinterest litigation they faced with. In environmental public interest litigation, a number ofindividual litigation is difficult to reach a consensus. Giving citizens the qualification ofenvironmental public interest litigation lacks of legal basis and will also face technicaldifficulties such as civic is difficult to extract evidence. Giving citizens the qualification ofenvironmental public interest litigation could lead to frivolous lawsuits and so on.The third part of the research is about the development of environmental publicinterest litigation of USA, UK, Japan and Taiwan of China of plaintiff qualification,focusing on the extraterritorial provisions of the citizens in environmental public interestlitigation in the qualification of the plaintiff. From a strictly limited to gradually relax therestrictions, citizens ultimately have the qualification and play a dominant role in protectingthe environment.The fourth part puts forward some suggestions for program of environmental publicinterest litigation to show when citizens face difficulties in environmental public interestlitigation in the prosecution.Accompanied by the formation of citizens thought to protect the environment, thedevelopment of legal consciousness and the environmental movement, citizens the plaintiff qualification in environmental public interest litigation is the development trend of thefuture institution building. Although citizens become environmental public interestlitigation in the plaintiff’s process will encounter various difficulties, the law cannot depriverights of citizens. Citizens should be added to the area of the environmental public interestlitigation plaintiff and play the role of the main force of protection of the environment.