Study On The Plaintiff Qualification Of Environmental Civil Public Interest Litigation

In recent years,the environmental condition has been frequent in China,and the rapid economic development has aggravated the occurrence of environmental infringement.As an important means to protect the environment and warn people,it is imperative to improve the environmental civil public interest litigation system under the urgent environmental situation nowadays.The main qualification of the plaintiff is the most important part of the civil public interest litigation system of the environment.It is the most important to solve the problem.With the implementation of the new "environmental protection law" in 2015 and the amendment of the 2017 "Civil Procedure Law",the social organizations and procuratorial organs have been formally established as the main body of environmental civil public interest litigation,which has made the environmental civil public interest litigation gradually on the right track.But it still far from enough for the complicated reality.In judicial practice,we can mention the subjects of environmental civil public interest litigation,including not only the environmental social organizations and the procuratorates,but also environmental protection departments and individual citizens,but the law does not include all these subjects.Therefore,the scope of subject qualification of environmental civil public interest litigation stipulated by law is still too narrow.For social organizations and procuratorial organs that have already stipulated the conditions of prosecution,there are also some problems such as strictness,unclear location and so on,which is not enough to deal with many practical problems in reality.Therefore,confirming the scope of the qualification of the plaintiff is still an unavoidable focus in the environmental public interest litigation system.This article will start with the reality of the plaintiff qualification system of environmental public interest litigation in China,and summarize the existing regulations.Through comparative analysis,learn from the excellent system abroad,and integrate the reality of China,then put forward relatively reasonable and feasible suggestions.