Research On The Plaintiff Qualification Of The Environmental Public Interest Litigation

The Fourth Plenary Session of the 12th Central Cormmittee was held early this year.Outline of the 13th Five-Year Plan has passed on the meeting.This plan set Speed up environnment improvement as a separate article,emphasis on improving environmental quality as the core,focus on solving outstanding problems in the field of ecological environment,increase the protection of ecological environment,improve the efficiency of resource utilization,provide more high-quality ecological products for people.Advance people's rich,country's power and China's beauty collaboratively.Along with the rapid economic development,the contradiction of economic benefit and enviroiunent benefit has been highlighted.Environmental pollution and resources waste are emerged in an endless stream.As one of the focal point,resources saving and environment improving has been included in the Outline.of the 13th Five-Year Plan.The importance of environmental protection is self-evident.With the increase in environmental disputes,the judicial channels-which is called Environmental Public Interest Litigation-has become one of the important relief ways to resolve disputes.The Environmental Public Interest Litigation legislation started late in China.Before the revise of the Code.of Civil Procedure2013,there was only Marine Environmental Protection Act which provides for environmental public interest litigation.The Code of Civil Procedure2013 cleared the legal status of environmental public interest litigation first time in the form of the Basic Law.It stipulates that the organs set by law and the relevant organizations have the right to bring an Environmental Public Interest Litigation.Although these words are very vague,it was a breakthrough of ChineseEnvironmental Public Interest Litigation.Environmental Protection Act and Interpretation of the.Supreme People's Court on Several Issues Concerning the Application of Law in the.Trial of Environnmental Civil Public Interest Litigation Cases revised in 2015 has made further provisions of Environmental Public Interest Litigation.And made the quality of organs set by law and the relevant organizations more specific.In July 2015,Procuratorates' quality to bring Environmental Public Interest Litigation has been settled as pilot in 13 provinces.Environmental Public Interest Litigation became a hot topic once again because of these new regulations.China's environmental disputes are on the rise,but there are only few cases entering the litigation,which can win are even less.A large part of the reason is the plaintiff qualification of Environmental Public Interest Litigation is not very clear yet.The legislation only set a part of the environmental social organization has quality to sue,as for citizens,Administrative organs and procuratorial organs,there have less words to say.But in Judicial Practice,these subjects filed Environmental Public Interest Litigation are not uncommon.This set obstacles for the court to judge the plaintiff qualification of Environmental Public Interest Litigation.And also make some public service enthusiasts no ways to complaint.It's not conducive to environmental protection.Compared with China,America,England and Japan's the plaintiff qualification of Environmental Public Interest Litigation is more broadly.Learn from the more mature foreign theory,the inevitable choice is we have to broader the boundary of the plaintiff qualification.For example,clear the status of citizens,Administrative organs and procuratorial organs in Environmental Public Interest Litigations,mobilize the enthusiasm of the qualified Environmental groups to sue.On the basis of theoretical research,perfecting China 's Environmental Legislation,establishing a supporting participation mechanism,protecting citizens' right of action.Gradually established an Environmental Public Interest Litigation Mode that suits China's national conditions.