On The Legislative Perfection Of The Subject Qualification System Of Environmental Public Interest Litigation In China

The Rio declaration,concluded at the UN conference on environmental development in 1992,states that public participation is a positive and effective way to protect the environment.Countries should disseminate information widely,promote and encourage public knowledge and participation;Also put forward in the "agenda 21" : the state shall give all possible conveniences to support and maintain the participation of the public value,try our best to benign run judicial and administrative procedures,compensation mechanism and afterwards relief program,for example,illustrates the important role of public participation in environmental democracy.Fully realized in the system of environmental public interest litigation public participation mechanism is the concept of environmental democracy,social public use legal means to participate in environmental decision-making,can more to promote democratization process environment,environmental public interests to the greatest extent.According to the related research of the current environmental public interest litigation system in our country,combining with the complete system of developed country mature experience,environmental public interest litigation system in our country legislative work is imminent,and also with the full development in our country at presentenvironmental public interest litigation system and its legislative work needs to be based and the environment.It is the core of the development of the whole environmental public interest litigation system.Through the improvement of the environment public interest litigation system,can effectively relieve the contradictions of the current environment has become increasingly acute problem,and can effectively promote the economic sustainable development of our country.In the context of the current situation,environmental public interest litigation system in China is still in the primary stage of development,has a number of deficiencies and defects,compared with the developed countries have a certain distance.We need to continue to draw lessons from and study,combined with China’s specific national conditions,to create a can meet the demand of the development of the environmental public interest litigation system,expanding the scope of litigation subject,improve the relevant legislation of the subject of litigation,further refined and clear procuratorial organs and administrative departments,social organizations and citizens’ rights and obligations,so as to prompt it to better play to their role in the environmental public interest litigation and value.At the same time,must build up and perfect full sequence a coordination mechanism,to ensure the efficient and orderly course of legal proceedings,to avoid the spread of rampant litigation phenomenon,improve judicial efficiency.The environmental public interest litigation system has been established in many developed countries.America’s civil litigation,the British prosecutors system,Japan’s public litigation,such as the development of the foreign environmental public interest litigation subject qualification have distinguishing feature each,but on the whole present a liberalisation of the volunteers.The regulations on the qualification of the plaintiff are instructive to the improvement of the subject qualification of environmental public interest litigation in China.Put forward in this paper the,China’s current environmental public interest litigation subject qualification range is relatively narrow,in addition to social organizations,shall also be expanded to the procuratorial organ,the administrative department of environmental protection as well as individual citizens themselves.In terms of the foreign advanced experience of environmental public interest litigation,the wide range of subject qualification is a distinctive features,while in our country law is not to make a clear rules.Discussed in this paper,mainly based on the perspective of public interest litigation subject qualification,the situation in China’s current judicial practice and academic research,to produce the current environmental public interest litigation subject qualification is relatively narrow argument,which leads to research how to effectively expand the scope of qualification,and classified according to different main body ofenvironmental public interest litigation,hope can work for environmental protection in our country overall produce certain promoter action.