Plaintiff Types Of Environmental Civil Litigation In China

With the development of the national society, people increasingly rely on the naturalresources and environment. The environment pollution is inevitable. However, executorsof state power cannot allow the perfect execution of protecting the environment andmaintaining social public order. The protection of environment requires the participationof public. Compared to the Civil lawsuit, the plaintiff institution is the most importantinstitution to Public Interest Litigation. The types of plaintiff in Public Interest Litigationconsist of procuratorial organs that possess the national public prosecution, environmentprotection agency who exercise the national environment authority, social organizationand individual citizens. According to the modification of our civil procedure law, the civillitigation for environment public interest has legislative basis. But the specific scope ofplaintiff is uncertainty.According to the revision of the civil procedure law in the civil public interestlitigation, this thesis is to deal with the plaintiff types of the civil litigation forenvironmental public interest and its institutional design. Based on the legal rule andjuridical practice, this thesis analyzes the types of plaintiff in the civil litigation forenvironmental public interest. This thesis suggests that those who possess the right ofappeal are widespread. But the suitable plaintiff must be based on the strict rules andlegislative authority.The chapter one, is to raise question and to summarize the civil litigation forenvironmental public interest.this chapter discusses the conception and characteristic ofthe civil litigation civil litigation for environmental public interest. Based on the theory ofthe plaintiff qualification and the theory of the suitable plaintiff for the traditional civillitigation, this chapter discusses the relative theory for the civil litigation forenvironmental public interest. United with the revision of the civil procedure law, thischapter discusses the types of plaintiff about qualification and suitability.The chapter two，makes sense to procuratorial organ with the plaintiff qualificationaccording to the relative legal rule and juridical practice and relative theoreticalperspectives. This chapter also proposes the suitability in the procedural system.The chapter three, makes sense to environment protection organization with theplaintiff qualification according to the relative legal rule and juridical practice and relativetheoretical perspectives. This chapter proposes the suitability in the procedural system.The chapter four，makes sense to individual citizen with the plaintiff qualificationaccording to the relative legal rule and juridical practice and relative theoreticalperspectives. With the best wishes, individual citizen can be provided with the procedureand institution guarantee.