Discussions On Plaintiff Qualification In Environmental Public Interest Litigation Of China

In the 21st century, countries all over the world concern environmental issues. With the environmental pollution intensified, the environmental public interest litigation happens. It can not only make up for the inadequacy of the current legal advocacy channels, but also the effective means for the maintenance of natural rights. The strictly limitation on plaintiff qualification has become the biggest obstacle to establish environmental public interest litigation system in China. The defining of the plaintiff qualification is the precondition of constructing environmental public interest litigation, so the study of plaintiff qualification has a profound significance to the development of environmental public interest litigation system in China. The thesis from the following sections to discuss:The introduction of environmental public interest litigation plaintiff qualification, mainly introduces the basic concept of the environmental public interest litigation and the plaintiff qualification, and compared with general plaintiff to summarize the characteristics of plaintiff qualification. Then it expounds the basic theory of environmental public interest litigation plaintiff pattern, namely the public trust theory, private attorney general doctrine and the theory of environmental right. Among them the environmental right theory is the theoretical basis of setting environmental public interest litigation, the rest of the two theories laid the foundation to broaden the scope of the plaintiff.Legislation and judicial current situation of our environmental public interest litigation plaintiff qualification. The legislation of plaintiff qualification scattered in laws and regulations. The terms of environmental public interest litigation not clearly stipulated in the constitution, which makes it lacks of the basis of substantive law. Although the new environmental protection law provisions that social organizations with certain conditions have the right to file the environmental public interest litigation, but it is just a paper legal documents. It needs relevant institutional to guarantee. The new civil procedure law provisions the authorized agencies and organizations can bring environmental public interest litigation, but the rules are too general to practical operation. Direct interested party in administrative litigation law regulation has greatly limited the scope of the plaintiff. Our judicial practice walks in front of the legislation. In the judicial practice, it already appeared that a variety of subjects such as prosecutors, environmental management agencies, private citizens as the plaintiff part in lawsuit to protect public interest. But the court accepts the case is not unified. Through the above analysis, the plaintiff qualification of public environmental welfare in our country exist some problems, such as the plaintiff cognizance standard fuzzy, citizens excluded outside the scope of the plaintiff qualification.The establishment and improvement of our environmental public interest litigation plaintiff qualification is the key point of this article. The author believe that our environmental public interest litigation plaintiff qualification should tend to diversification, and choose the main body of environmental public interest litigation in the common type targeted to analyze. First of all, on the basis of the analysis of foreign experience, giving the social organization as the plaintiff qualification certainly rationality. Then put forward the problems existing in the plaintiffs and how to carry on the specification in the system. Secondly, on the basis of using the experience of other countries, analyze the necessity and feasibility of giving procurator organs, individual citizens and environmental management authority of the plaintiff qualification. To realize its value and use legal means to protect the environment public interest, we need to perfect the legislation and construct the corresponding system on the different characteristics of the subject of litigation.