Research On The Qualification Of Environmental Public Interest Litigation Subject

In recent years,we were deeply disturbed by public health problems which are the result of frequent environmental problems.Environmental conditions in some areas are almost in inverse proportion to the economic development as China's economy developed in a rapid rate.The Central Committee of the CPC Central Committee,in the Eighteen Fifth Plenary Session,put strengthening the construction of ecological civilization into the national five year plan.Environmental public interest litigation system,as an important part of the system of ecological civilization,in our country is less developed than in developed countries.But some relevant cases have appeared in judicial practices of our country.Therefore,the judicial practice of environmental public interest litigation in our country is earlier than that of legislation.The environmental public interest litigation is different from the traditional one,the subject qualification of which is a key and difficult problem.In 2012,the right of environmental public interest litigation empowered to statutory authorities and relevant organizations in the amendment of Civil Procedure.And next year,in the amending the Environmental Protection Law,the social organizations which meets certain conditions was included in the scope of environmental public interest litigation subject.The two amendments,in which the scope of subject was highly expanded,is a qualitative leap in the history of China's environmental public interest litigation system.The calling of natural person's subject qualification was heard,both in theory and in judicial practice.But the fact that natural person didn't acquire the qualification in that two amended laws is deserve discussing.Based on that,this paper first analyzed three environmental public interest litigation cases from natural persons and pointed out the problems.Then,the author gave the legal basis of the subject qualification of environmental public interest litigation from the perspective of environmental right,public trust,public participation and private attorney general theory.Thirdly,combined with the above legal basis,the need of giving natural person the litigation subject qualification was described from the perspectives of practical significance and feasibility.In the last,some judicial suggestions were put forward.How to deal with the the environmental public interest litigation sued by natural person is an urgent problem,which demands us to learn from other countries.We should make laws to solve these problems based on our country's reality.