Study On The Plaintiff Qualification Of Person In Civil Environmental Public Interest Litigation

Frequent and urgent environmental problems in our country calls for more comprehensive and viable civil environmental public interest litigation.However,the most important issue of the civil environmental public interest litigation system is the qualification of personal plaintiff in public environmental litigation.Among them,person does not have Plaintiff qualification of civil environmental public interest litigation,which greatly limits the development of civil environmental public interest litigation system in China.This article starts with the urgency of environmental problems in our country.First of all,it starts from the relevant concepts and theoretical basis,and elaborates the basic legal theory of the qualification of personal plaintiff in public environmental litigation.Secondly,this article analyzes the four main disputed points of the qualification of personal plaintiff in public environmental litigation,explained the necessity and significance of the qualification of personal plaintiff in public environmental litigation,which demonstrates the validity of the argument.Thirdly,this article analyzes the practice and problems of the qualification of personal plaintiff in civil environmental public interest litigation in China from the two parts of legislation and judicial practice.Finally,this article expounds the main dispute points and the problem of our country,to elaborate the related system,including relaxing the eligibility of prosecution,setting the pre-procedure,clearing the scope of the case,improve the system of the litigation costs and the burden of proof.It is advantageous to overcome the drawback of the qualification of personal plaintiff in public environmental litigations and promote the good development of the system of civil environmental public interest litigation.