On The Perfection Of Environmental Public Interest Litigation Subject In China

The long-awaited new "environmental protection law" finally took effect on on January 1,2015.it is known as the strictest environmental protection law.The new law which clearly defined on the plaintiff qualification of environmental public interest litigation for the first time.But the new environmental protection law still has some limitations on the subject scope.However,according to statistics it showed: By the end of 2015,there was only over 1000 social organizations with the prosecution conditions and in 2015 there is only nine social organizations filed a public interest litigation environment.Our social organization is still at the early stages of development,we have lots of difficulties in participation in environmental public interest litigation in forensics,professional appraisal,litigation costs and other aspects,and the stringent restrictions of new environmental protection law will inevitably hit the enthusiasm of these society organizations participating in environmental protection.Based on the theory of environmental rights,public trust theory,private attorney general doctrine and public participation in environmental protection system,I believe that except for the social organization,the subject of environmental public interest litigation should be extended to prosecutors,the administrative department of environmental protection,citizens after examining the domestic andforeign research and judicial practice.The universality of subject of Extensive litigation is the biggest feature of foreign environmental public interest litigation;in our judicial practice,the cases of prosecutors,environmental administrative authorities,citizens,environmental groups and other public interest litigation environment as the main environmental public interest litigation filed are quite common.Before the new law being put effect,only the new "Civil Procedure Law of the People's Republic of China" Article 55 rulers a fuzz subject range for environmental public interest litigation : the departments and social organizations according to law,which leads to the subject which should have qualified environmental public interest litigation disqualification inadmissible or dismiss the action when environmental public interest litigation filed judged by court.In this essay,regarding the main environmental public interest litigation as a cutting point,it conclude that the subject of litigation is too narrow after the analysis of current legislation on the subject of environmental public interest litigation with the theoretical basis.What is more,we discuss the abroad and China's judicial practice in environmental public interest litigation filed subject,further Discussion prosecution,environmental protection and the executive,civil society organizations filed public interest litigation in environmental rationality,and each of the main environmental public interest litigation filed institutional design,with a view to make some contribution for the development of China's environmental protection industry.