On The Plaintiff Qualification Of Environmental Public Litigation

In recent years, China’s economic development speed in the world, it is obvious toall. But at the same time, the problem of environment is becoming more and moreserious. Due to environmental pollution and resource destruction, even the domesticenvironmental disputes and conflicts have taken place in many areas. Such incidentscontinue to occur not only adversely on economic development, also can seriouslyhinder the process of the development of society as a whole. According to the survey,knew there are many different factors that lead to the rising deterioration ofenvironment this terrible result, can be found that the main reason is that not timelyimplementation of environmental laws and regulations has been published, It can besaid is a typical representative of the failure to abide by the department law. At present,although our country environmental law has been a certain system, but to stop theecological destruction, solve the problem of environmental pollution and so on did nothave the prospective effect.In practice it is not hard to find that our country is through the government exercisethe environmental supervision and management to ensure the implementation of theenvironmental law. Such will lead to a serious problem, that is the lack ofenvironmental law in the public participation mechanism in our country, and this willdirectly lead to the public can’t participate in the environmental protection lawenforcement link related to their daily life, not to mention become subject to theimplementation of environmental law. In contrast to democratic legal system all overthe world, we find that this isn’t in line with the intent of legal relief. The main mode ofpublic participation in the implementation of environmental law is still achievedthrough environmental litigation. The public will have other ways, of course, toparticipation in environmental protection. But in today’s most democratic countries, thefirst is ensure that environmental law can be effective used, then to consider whetherthere are other beneficial public participation in environmental protection measures.This requires combining the situation of our country to developed a system of publiclitigation that public can play an active force. In reference with respect to the manner ofnational governments public law enforcement process, we found that although there areother ways of solving environmental disputes, for example, the widely used in modernsociety of dispute mediation, negotiation, administrative punishment, arbitration, and avariety of ways be used interchangeably, but the above ways can not cope with the particularity of environmental disputes, only the public welfare lawsuit is the best wayto resolve environmental disputes, so in such environmental public interest litigation ina wide range of legal issues, has a problem urgent to be solved, namely EnvironmentalPublic Interest Litigation qualification problem.After comparison and analysis of different countries laws and regulations, we findthere are many differences. Specific analysis of the United States, Britain, Japan andother countries or regions in the provisions of the environmental public interestlitigation plaintiff qualification to make. After contrast, can be summed up that ourcountry’s laws and regulations is still not on recognition of the qualifications, to raiseand address targeted. So in terms of the current lack, it is imperative that as soon aspossible to perfect the environmental public interest litigation plaintiff qualificationsystemic regulation. But it is well known that the current litigation law pay moreattention to protect private interests, because the private interest is more easy to clearthe ownership property, and litigation subject, object more clearly visible. And theenvironment is just only has the property of public goods, and like an article in thementioned public earthly grass will be completely trampled by flock, because no one ispublic earthly masters. Finally, belongs to the public environment is equivalent to notbelong to anyone, and can not get due protection. Reform of the current legal system isimperative in our country, after the reform of the system should be able to let everysocial individual members are able to have the right to direct environmental publicinterest litigation in order to achieve the purpose of the environment protection. Thereare restrictions on environmental public interest litigation in our country, fully reflectedin the current litigation legal system to limit the scope of the plaintiff qualification.This paper focuses on the plaintiff qualification to determine that is one of the maincore issues, combined with China’s national conditions, describes the foreign advancedenvironmental litigation system development process and its impact on China carriedout a detailed analysis. Also with the help of reference to the private attorney generaltheory, public trust doctrine, and environmental rights concept, the theory of China’senvironmental public interest litigation was analyzed scalability, and summarizes thesetheories in our environment plaintiff qualifications range expansion has played a role.Therefore, our country’s environmental public interest litigation plaintiff qualificationtheory must be in line with international standards, to facilitate the development ofChina’s environmental legal system.