Research On The Environmental Public Interest Litigation Plaintiff Qualification Expansion

Since the beginning of reform and opening up, China’s rapid economic development, but at the same time environmental issues caused by growing out. With the increasingly serious environmental pollution, many private citizens, social organizations have access to justice in order to solve these global problems, environmental public interest litigation and so came into being. Therefore, based on the reality of urgency and drawing on the experience of the practice in foreign countries, should be in accordance with their national conditions in China, based on learning from foreign experience, constructing environmental public interest litigation plaintiff qualification of legal system in China.These thesis research methods are mainly used by reading law, legal analysis and comparative analysis. Prior to writing this paper, I read a lot of information on the environmental public interest litigation, writing for this paper has laid a good foundation; Legal analysis is by using the general theory of jurisprudence on methods of problem analysis studies, the first chapter of this paper uses this method; Comparative analysis to have a critical role in the development of the theory of law, chapter Ⅱ and chapter Ⅲ of this paper uses this method to explore some methods of constructing environmental public interest litigation system.First chapter describes the overview of environmental public welfare lawsuit plaintiff. First on the concept and characteristics of public interest litigation, environmental public interest litigation introduces concepts and distinctions between traditional civil litigation; And then describes the meaning of environmental public welfare lawsuit plaintiff and plaintiff main body types in the world, respectively, are private citizens, public bodies, administrations and the public prosecutor’s Office; Describes monism, dualism and pluralism of three environmental public interest litigation model; Last focus outlines, expansion of environmental public welfare lawsuit plaintiff qualification in China has a very important significance.Second chapter first describes the environmental public welfare lawsuit plaintiff qualification of the absence of legislation in China:not clearly defined environmental public interest litigation plaintiff qualification, not directly interested party shall not be entitled to Institute environmental public interest litigation, the abstract administrative behavior is not included in the scope of judicial review, administrative intervention of Justice, did not resolve the environmental public interest litigation costs; Then describes in Yunnan province and Hainan Province, Jiangsu Province, Zhejiang Province in constructing the system of environment public interest litigation initiatives. Final summary I am explains the dilemma of environmental public welfare lawsuit system in China several ways, that is, at the level of legislative, judicial and law enforcement measures to be taken and built on "environmental public interest litigation the Court" mechanism.Central part of chapter III of this paper mainly describes the expansion of China’s environmental public interest litigation subject qualification of the plaintiff. First, analysis of the lack of environmental public welfare lawsuit system in China for three reasons, namely, from ancient times to the present, Our people will lack a sense of ownership,"light criminal and civil" legal traditions ", our legislation is lagging behind; Secondly, introduces environmental public interest litigation plaintiff qualification of the necessity and feasibility of expanding, has pointed out that it is the trend and desire; Finally that the plaintiff should coordinate with each other, I think it should be concrete analysis of concrete problems, in different circumstances, a plaintiff should be determined as the main body, other plaintiffs can support their environmental public interest litigation proceedings. As a new type of litigation, it overcomes traditional restrictions of the plaintiff in an action, in the protection of the environment, a vital role to play in safeguarding the public interests, has now been adopted by many countries in the world.In China should in learn abroad environment public action plaintiff qualification established of legislative and judicial experience of Foundation Shang, combination in China of conditions, will in China environment public action of plaintiff range for expansion, let procurator organ, and environment administrative functions sector, and social groups and citizens personal are has to brought environment public action of qualification and right, construction for in China conditions of environment public action system, for promote people and natural harmonious and construction ecological civilization provides solid of legal protection.In the process of constructing environmental public interest litigation system in our country will encounter many problems, plaintiff qualification of just one of them, but it is essential, of construction of environmental public welfare lawsuit system in China because it is a very important part of this problem is not resolved, environmental public interest litigation system cannot build. Although I had done everything, but due to the limited knowledge, this discussion papers on environmental public welfare lawsuit plaintiff main body qualifications to start, there are a lot of the problem is not resolved, hope in the future to continue the work of exploration. Domestic proceedings due to environmental pollution of public interest litigation is very small, because of the rule system of environment public interest litigation in China, to limit action to people this narrow scope and interest of the victims, made some dedicated to environmental protection of citizens unable to take legal means to protect the environment.