The Study On The Civil's Qualification Of The Environmental Public Interest Litigation

Citizens as the direct beneficiaries of the ecological environment and direct victims,and the ecological environment of the most closely linked,and the breadth of citizens also determines its role in environmental protection can not be ignored.Strengthening public participation has become a necessary means to deal with the phenomenon of ineffective enforcement of environmental problems by some administrative organs in practice.Although the current legislation in China's citizens do not enjoy the right to bring environmental public interest litigation and qualifications,but the academic community has basically recognized the status of its plaintiff.The lack of current administrative organs,procuratorial organs and social organizations in the practice of environmental public interest litigation is becoming more and more obvious.This proves the necessity of granting the individual qualification of citizens' personal plaintiffs and the inevitable requirement of public participation principle.In addition,both from the domestic practical experience,or the individual's awareness of environmental protection and the transformation of government functions,for individual citizens to bring environmental public interest litigation provides practical possibilities.However,the current citizens as a plaintiff litigation faced with the lack of legislation,litigation capacity and many other difficulties,to give full play to the individual citizens in the maintenance of the public interest in the environment,we must follow the substantive legislation,program design and protection system construction The construction of the system,so that the citizens of the subject qualification,to build in line with China's national conditions of the public environmental litigation system,so as to promote the healthy development of ecological environment.