The Theory Of Plaintiff In China’s Environmental Public Interest Litigation

At present our country is in the period of social transition, facing theenvironmental problems appear frequently heightened environmentalconsciousness, the consciousness and social situation and challenges,environmental legislation should also be proactive, positive response to therequirements of environmental protection, explore the new mechanism, safeguardthe rights and interests of environment public for achieving environmental justice.Is in the stage of revision of the environmental protection act, should be in the new"civil procedural law", on the basis of absorption of environmental justice andenforcement of practical experience, for it has been put forward in the review ofthe plaintiff qualification of the "top priority", the "threshold", explicitly giveenvironmental groups with common sense, the environmental protectiondepartment in a particular field, initiate civil environmental public interestlitigation subject qualification, dual power level and the government level tomobilize society to realize the purpose of the maintenance of environmental publicinterest. After the law explicitly stipulated, also will make the court when acceptsthe environmental public interest litigation cases, can achieve environmentalprotection field, judicial intervention, there are laws by make up for the inadequacy of although previous provisions of environmental administrative means. Theimprovement of the environmental public interest litigation plaintiff qualification isa systematic system of construction engineering, and other specific contents ofenvironmental public interest litigation, such as relief method, problems of proof,litigation fees, reward fund problem, etc., is to support each other and rely on eachother, it is necessary to further study and explore.The development of the environmental public interest litigation in ourcountry is full of vitality in the trials and hardships, is currently in the preliminaryand exploratory stage, the revision of the civil procedure law is a new beginning.Environmental public interest litigation legislation still looking forward to thefuture of the accumulation of practice experience and practice of adjustment,"civilprocedural law" in article55new established the environmental public interestlitigation system really become the social public and related units to maintainchannels of the legal system of environmental public interest.