| In recent years,with the deepening of China’s marine development and utilization,while reaping huge economic benefits,it has also caused pollution and impact on the marine environment.The damage to the marine ecological environment is related to the development of human destiny.Protecting the marine environment is a necessary task to achieve the sustainable development goals.As a new type of litigation,the environmental civil public interest litigation system already has a preliminary system in China’s legislative documents.However,the marine environmental civil public interest litigation is based on the particularity of the marine environment and is not yet perfect in terms of institutional construction.The lack of precise legislation has led to the inconsistency of the various courts regarding the plaintiffs of marine environmental civil public interest litigation,and the application of qualifications is chaotic.Damaged public interests,such as marine environmental pollution,cannot be effectively remedied.Therefore,it is imperative to clarify the qualifications of the plaintiffs of marine environmental civil public interest litigation.According to China’s existing regulations,the marine administrative supervision and management department under Article 89 of the Marine Environmental Protection Law should be the eligible plaintiffs of marine environmental civil public interest litigation.At the same time,the social organizations and statutory agencies stipulated in the Environmental Protection Law of the Basic Law also belong to the plaintiffs’ area of marine environmental civil public interest litigation.Eligible plaintiffs of civil public interest litigation in the marine environment should include marine administrative departments,procuratorial organs,and social organizations.On the basis of summarizing the qualifications of eligible plaintiffs in marine environmental civil public interest litigation,this paper summarizes the role of each plaintiff in practice by studying the nature of each subject and proposes existing problems and solutions.Finally,drawing on foreign legislation,discuss the possibility and drawbacks of citizen litigation in China’s marine environmental civil public interest litigation,combined with the previous analysis,plan for the order of’prosecution of the plaintiffs in the existing marine environmental public interest litigation.In addition to the introduction and conclusion,this article is divided into four chapters:Chapter One discusses basic conceptual issues.It elaborated various concepts under the marine environmental public interest litigation system,enumerated the basic issues of the marine environmental public interest litigation plaintiff subject,and summarized the types of plaintiff subjects in the marine environmental public interest litigation.Chapter Two first reviews the situation of China’s legislation,uses legal interpretation methods to conclude the legal basis of three types of eligible plaintiff in China’s marine environmental civil public interest litigation;secondly,it analyzes and discusses the plaintiffs of China’s marine environmental civil public interest litigation with typical cases in practice.Chapter Three mainly discusses the specific role division of the plaintiffs in the marine environmental civil public interest litigation in China.First,locate the plaintiff of China’s marine environmental civil public interest litigation and analyze the functions of different plaintiffs.Then discuss the role of each plaintiff,referring to the existence of problems and proposing solutions on the basis of foregoing.Chapter Four mainly summarizes relevant foreign cases and legislative examples,draws on foreign systems,and it puts forward improve opinions on the qualification and system development of the plaintiffs subject of civil public interest litigation in China’s marine environment on the basis of the previous discussion. |
