Research On Citizen Plaintiff Qualification In Environmental Civil Public Interest Litigation In China

In recent years,with China’s rapid economic development and gradual social progress,environment pollution and resource destruction have become increasingly severe,giving rise to a growing number of cases concerning the environment.The state,as a public organ of authority,has played an essential role in environment protection issues.However,on the other hand,due to its limited strength,ordinary people are required to actively participate in environmental protection activities.Promoted by juridical practices,provisions about the prosecution added in Civil Procedural Law,Environmental Protection Law and related judicial interpretations so that statutory authorities and related organizations are qualified as plaintiffs,which have served as the basis for courts in their trial of cases of such kind.This article held that the state should expand the scope of the plaintiff in stipulating the prosecution,with citizens included in.While in juridical practices,the problem whether citizens are qualified as plaintiffs for environmental civil public interest litigation has not been clearly indicated in provisions.A minority of courts accepted and heard such kind of cases because of the fact that citizens are entitled with supervision rights.But most courts would follow the“principle of direct common interests" implemented in traditional litigations and refuse to deal with the case,maintaining that the plaintiff is unqualified.The right of action is the foundation for people to file a lawsuit.Therefore,to discuss about the plaintiff qualification of citizens in environmental civil public interest litigation and clearly declare that citizens are titled with the right can not only help to give play to citizens’ enthusiasm in taking part in environmental protection,but also can refine China’s environmental civil public interest litigation system.Based on concept research method,comparative study method,empirical study method and comprehensive analysis method,this article is aimed to study citizens’ prosecution in the following five parts.Firstly,the general theory was illustrated by introducing the connotation and features of environmental civil public interest litigation,the concept of the plaintiff qualification,and factors that should be taken into account for the plaintiff identity.Secondly,the current status in China was particularly analyzed from the legislative and judiciary perspectives.Thirdly,the theoretical basis for citizens as plaintiffs of environmental civil public interest litigation was studied at the beginning.Then,a feasibility analysis was made on citizen’s bringing environmental civil public interest litigation from aspects of practical significance and overseas reference.Fourthly,the realistic difficulties facing citizens as plaintiffs of environmental civil public interest litigation were discussed,primarily concentrating on deficiencies of legal provisions and judicial safeguard system.Next,it illustrated the system design for individual citizen established individual citizen’s environmental civil public interest litigation from perspectives of substantial law,procedural law and other safeguard systems.