Environmental Public Interest Litigation Research Subject

As the economy develops and the idea of environmental conservation arises in recent years, there is growing amounts of people from all the social classes paying their attention on protecting environment. People choose to focus more on our living environment rather than enjoy the modern life style brought by development of economy. Because more and more they start to realize the severe results that could happen by destroying the environment. As the legalization processes, using the law to protect the environment arid to intervene the negative effects on environment caused by human has become a general way used by worldwide countries and regions. Developed countries such as USA and Japan establish the optimized legal system on environmental conservation among all the other countries. Due to the conflict between economic development and environmental protection since the reform and opening-up, China enacts a series of laws and regulations to ease the conflict. The legal system towards environment has been progressed though, it seems produce little effect. Under the law intervening, seeking for judicial remedy and the exercise of litigation of rights becomes the last defensive line of environmental conservation guaranteed by law. Thus, nonprofit litigation on environment appears especially significant. Under the current legal situation in China, there are lots of barriers on the road of implementation of environmental nonprofit litigation. Determine the environmental public interest litigation plaintiff qualification main environmental public interest litigation has become one of the most important prerequisite for the implementation.The thesis is structured as follows:"Overview of Environmental Public Interest Litigation Plaintiff Qualification" section, first elaborated the concept and characteristics of environmental public interest litigation, and China is now determined to legislation and judicial practice Environmental Public Interest Litigation Plaintiff Qualification for analysis."China’s environmental public interest litigation in restrictions on the qualification of the plaintiff" section, seen from the foregoing analysis of current legislation limits on the main environmental public interest litigation plaintiff qualification, as well as our judicial practice in local environmental court in Yunnan, Chongqing, Guiyang and other on limiting environmental public interest litigation in the qualification of the plaintiff."Typical foreign national environmental public interest litigation plaintiff qualification inspection body and reference" section, the main environmental public interest litigation system selected the United States, Japan and the UK in the qualification of the plaintiffs were analyzed by the developed countries to understand the determination of the qualification, the main draw to determine their eligibility for public interest litigation experience in our environment, environmental public interest litigation reference."Improve the qualification of Environmental Public Interest Litigation Plaintiff our thinking" part, on the one hand, citizens and environmental organizations to give the plaintiff the qualification, experience local environmental protection will rise for the national court of common practice, the main environmental public interest litigation plaintiff qualification unity the criteria and allow prosecutors and the executive became a subsidiary of environmental public interest litigation; hand broaden public participation, promote environmental public interest litigation."Conclusion" section, mainly to undertake a comprehensive study of the article summarizes the operation status of legislation in accordance with our existing environmental laws and regulations and existing environmental courts, our country under the current economic environment and legal environment, but also fully capable of the need to expand environmental public interest litigation main qualification range to environmental public interest litigation system in China to fully implement open.