| The Revised Civil Procedure Law of the People’s Republic of China clearly stipulates the system of environmental public interest litigation.The New Environmental Protection Law of the People’s Republic of China has also formally confirmed the eligibility of public organizations that meet certain conditions to file environmental public welfare litigation.The public interest litigation initiated by procuratorial authority was explicitly written into The Decision of the Standing Committee of the National people’s Congress on Amending the Civil procedure Law of the People’s Republic of China and the Administrative Procedure Law of the People’s Republic of China,which marks the formal establishment of the system of the public interest litigation initiated by procuratorial authority.Unfortunately,the individual citizen’s right of environmental public interest litigation was not mentioned in these laws above.There is a relatively solid theoretical basis for citizens’ qualification to bring environmental public interest litigation,such as the theory of environmental rights,the theory of expansion of action rights,the theory of procedural party,etc.,which offers a basis for individual citizen to bring environmental public interest litigation.Moreover,it is of great practical significance to grant the plaintiff qualification to individual citizen environmental public interest litigation.Under the urgent circumstances of severe environmental problems and weak environmental supervision,By empowering citizens with the qualification of the subject of environmental public interest litigation,it can make up for the deficiencies of relevant social organizations and procuratorial authority,make full use of the information advantages of the people,and exercise extensive supervision to enterprises that pollute the environment with great pressure of public opinion.Therefore,we can build a beautiful China with blue sky,green ground,and clean water.However,the expansion of the plaintiff qualification in environmental public interest inevitable leads in a series of problems.Accordingly,we should do a good job in the prevention of overappeal while we set up special relief fund and introduce litigation insurance system to reduce the cost,and enforce the plaintiff award mechanism.It is an effective strategy to prevent overappeal by setting up the pre-action procedure and the way of minuting malicious lawsuit into the file of personal integrity.Adding SEPs to the mediation system of environmental public interest litigation can maximize the interests for all the parties and the environment.In addition,among the pluralistic subjects of environmental public interest litigation,the establishment of the supplementary subrogation mechanism of individual citizen litigation is more in line with the current situation of our country,and it is an effective way to the aim of judicial resources and environmental protection.The thesis is divided into five parts.The Part One introduces the basic concept of environmental public interest litigation initiated by citizens;Part Two expounds the theoretical foundation and the analysis of the practicability and necessity of environmental public interest litigation initiated by citizens;Part Three analyses current situations of environmental public interest litigation initiated by citizens,and obstacles to founding the system of environmental public interest litigation initiated by citizens;Part Four investigates and analyses relative systems of environmental public interest litigation initiated by citizens of other countries,from which we can draw lessons;Part Five puts forward some ideas for legal construction of environmental public interest litigation initiated by citizens based on the four parts above. |
