Theory Of Plaintiff Qualification Of China’s Environmental Public Interest Litigation

At present, China’s environmental problems have become more serious, haveundermined the public interest community. Environmental Public Interest Litigationon the legal provisions are not clear, hinder the development of public interestlitigation system. Based on the analysis of the cases, focusing on the mainqualifications in different environmental public interest litigation plaintiff, theplaintiff litigation eligibility conditions within a certain range to be limited. Realityof our country, in the " Environmental Protection Law" in accordance with the lawexplicitly environmental public interest litigation plaintiff qualification, in order topromote China’s environmental public interest litigation to develop healthly.In judicial practice, there have been environmental public interest litigationprocuratorial organs, administrative organs, social organizations filed, the courtaccepted the case of these cases are not uniform. Phenomenon of public interestenvironmental problems caused by the infringement of the more prominentenvironmental public interest litigation plaintiff qualification clear practical urgency.Provisions of the relevant environmental public interest litigation sporadic scatteredamong law, pending further improve the law. Prosecutors involved in environmentalpublic interest litigation mode diversified, according to the function of legalsupervision organs positioned to oversee the prosecution of the premise, directprosecution as an exception to allow the public authority to be the last legalprotection. The executive itself has administrative responsibility for the environmentsupervision and management, in the case of passive inaction or unreasonable aspollution of the environment has also led to damage behavior of the public interest.In order to give full play to the functions of law enforcement environment,balancing the interests of all parties, the administrative organ shall be provided forenvironmental public interest litigation filed pre-procedural safeguard public interest suffered damage after exhaustive administrative behavior. Society organizations fileda public interest litigation environment conditions are not ripe, according to China’sactual situation, it is necessary to limit the scope of the prosecution body, giving theplaintiff qualified environmental organizations, and environmental organizationsand other entities have qualified in the plaintiff sued when overall relations were thefeasibility of the idea, the smooth development of the protection order proceedingsto prevent abuse complaints. By designing these systems adequately protect publicinterest environmental litigation to achieve the main function of the value of theirown, while mutual supervision, complement each other, and better safeguard theenvironmental public interest litigation.Under the existing law is too vague and ambiguous situation, combined withthe purpose of public interest litigation, taking into account the reality of theexistence of the program is missing, inadequate law situation, we propose in the "Environmental Protection Law" in accordance with the law explicitly EnvironmentalPublic Interest Litigation Plaintiff Qualification the constructive comments, andactively promote judicial practice of public interest litigation system.