Research On Plaintiff Qualification Of Citizen In Environmental Public Interest Litigation

In recent years,the pursuit of maximize the economic benefits of the ecological causes the environment problem more and more frequently.On the basis of the living quality improvement of the whole society,people care more the pursuit of spiritual enjoyment of natural ecological environment when facing environment problems.Along with public environment protection consciousness gradually increase,the demands of citizens environment calls get be higher and higher as well.Development process of our rule of law goes further adapt to the trend of The Times,the 2012 revision of the civil procedure law,made a clear regulation at the first time about environmental public interest litigation system with Chinese characteristics.The rule not only has provided a legal basis for the environmental public interest litigation,also provides a legal support for the main part of environmental public interest litigation.But current legal system rules out the citizens as the main part of public interest litigation plaintiff qualification,this makes some destruction of environmental resources is blocked outside the judicial relief,led to the lack of protection of public environmental welfare.This article mainly on civil plaintiff qualification in environmental public interest litigation.The introduction mainly introduces the research background and significance of this article,the research status in our country and abroad,research ideas and methods as well as the paper innovation points.Then there is a general overview of the environmental public interest litigation civil plaintiff qualification,defines the connotation of environmental public interest litigation plaintiff qualification and stage of development,expounding the environmental public interest litigation civil plaintiff qualification in the establishment of the legal status and development,introducing the main countries outside of the relevant provisions of the civil plaintiff qualification in environmental public interest litigation,mainly including the United States of the civil litigation,British prosecutors litigation,constitutional lawsuit of India’s environmental right,Japanese public nuisance suits,etc.And there is a review and description for the current theory of environmental public interest litigation civil plaintiff qualification of negative theory.The negativetheory of civil plaintiff qualifications mainly includes personal said the plaintiff main body discomfort,inadequate public interest litigation subject theory of narrow sense and individual public interest litigation has erected complained,etc.,these negative theories have intrinsic limitations,cannot adapt to the new development of current environmental public interest litigation.On this basis,there is justification of the citizen as the legitimacy of environmental public interest litigation plaintiff qualification,mainly from the civil environmental public interest litigation of environment right,litigation right expansion theory,in fact the basis of damage and worthy to protect the interests of the aspects such as demonstrating the legitimacy of civil environmental public interest litigation.Aimed at the current lack of environmental public interest litigation civil plaintiffs qualification of the legal system,which is trying to build citizens as the plaintiff of environmental public interest litigation from legislative,judicial and other systems.In the aspect of legislation,it needs to pass legislation explicitly to give civil environmental public interest litigation plaintiff qualifications,and define the conditions of the civil environmental public interest litigation.In the judicial aspect,it needs reasonable set the rules of inversion of burden of proof,and expand the effectiveness of the environmental public interest litigation judgment.In other systems,it is necessary to establish incentive mechanism and prevention and cure of rampant litigation mechanism.The conclusion is in the end.