Study On Plaintiff System Of Environmental Civil Public Interest Litigation And Its Localization

Over the past 40 years,China’s economic development has made great achievements.At the same time,the negative externalities of the market economy have begun to emerge,such as the destruction of the ecological environment,consumer fraud,food and drug safety,and the loss of state-owned assets.Based on this,the state has gradually established a public interest litigation system through legislation,.judicial interpretation and other means since 2013.Environmental civil public interest litigation has strong publicity and belongs to modern litigation.The scope of suitable plaintiffs is the primary issue to study the litigation system.Environmental protection organizations and procuratorial organs that meet certain qualification standards are eligible plaintiffs in China’s environmental civil public interest litigation.At present,in the judicial practice of environmental civil public interest litigation in our country,there are some practical problems,such as the difficulty of prosecution by environmental protection organizations,the lack of checks and balances in procuratorial organs,the insufficient environmental protection at the grassroots level,and the misplaced prosecution by administrative organs.On the one hand,it is necessary to lower the qualification standard of en’vironmental protection organizations as eligible plaintiffs and encourage environmental protection organizations to file lawsuits;On the other hand,citizens are required to supervise the plaintiffs behavior.Under the reality of the extreme expansion of administrative powe’r in our country,the administrative organ should administer according to law,and it is not appropriate to bring environmental civil public interest litigation without legal basis.When the administrative means are exhausted and no relief is available,the administrative organ shall notify the procuratorate at the same level and the procuratorial organ shall bring the lawsuit.The compensation system for ecological environment damage and environmental civil public interest litigation have different claims.Giving citizens the subject qualification of plaintiffs in environmental civil public interest litigation has become the trend of environmental civil public interest legislation in various countries,and they should be allowed to participate in public interest litigation conditionally.As a special legal person,grass-roots self-governing organizations in our country are also the appropriate choice for eligible plaintiffs in environmental civil public interest litigation.When discussing the expansion of the scope of eligible plaintiffs,attention should be paid to giving full play to the advantages of individual citizens and grass-roots autonomous organizations in the determination of facts,so as to avoid their disadvantage of insufficient ability to file lawsuits.If the scope of plaintiffs in environmental civil public interest litigation is too narrow,it runs counter to the legislative purpose of protecting public interest.On the basis of localization,legal transplantation should be consistent with the values of modern rule of law.Bringing individual citizens and grass-roots autonomous organizations into environmental civil public interest litigation procedures is the embodiment of promoting democracy.In the short term,for the legislative purpose of preventing abuse of litigation and prudent attitude,the scope of plaintiffs in environmental civil public interest litigation will not be expanded,and the qualification standards of environmental protection organizations are unlikely to be lowered.After the environmental civil public interest litigation system is developed and mature,the qualification standards of environmental protection organizations can be gradually lowered,the scope of plaintiffs can be appropriately expanded,and village committees and neighborhood committees can be included.Citizens in environmental pollution areas and ecological destruction areas have the right to participate in the litigation as joint participants.In order to ensure that they can bring public interest litigation efficiently,the above subjects should be required to implement compulsory legal representation.Citizens can not only help environmental protection organizations and procuratorial organs to ascertain the facts,but also supervise their actions to avoid improper exercise of the right of appeal.Due to the public nature of environmental civil public interest litigation,its value orientation is completely different from the traditional civil litigation for the purpose of protecting private interests,and its eligible plaintiffs do not need to have interests.Therefore,the traditional theory of party eligibility cannot meet its requirements,and it is necessary to develop it.This paper studies the practice of environmental civil public interest litigation in China from the perspective of the scope of eligible plaintiffs,and puts forward feasible suggestions on this developing system in combination with the local conditions.The public interest litigation system in our country is in the stage of development and perfection.How to properly solve the plaintiff problem in environmental civil public interest litigation is the purpose of this article and its research.It should not only allow the state,citizens and social organizations to participate in public interest litigation in an orderly way,but also avoid excessive litigation.At the same time,it should coordinate the contradiction between administrative organs,civil society and traditional Chinese legal concepts.