On The Expansion Of Plaintiff Qualifications In Environmental Civil Public Interest Litigation In My Country

The environmental civil public interest litigation system was determined in the amendment of the civil procedure law in 2012.Since then,the environmental protection law in 2015,the supreme people’s court’s interpretation on several issues concerning the application of law in the trial of environmental civil public interest litigation cases,and the amendment of the civil procedure’law in 2017 have been continuously improved.As a favorable litigation system to fight against environmental pollution and ecological destruction and protect ecological resources and environment,the development and perfection of the environmental civil public interest litigation system also represents the continuous improvement of legislators’attention to the ecological environment.In recent years,China’s environmental civil public interest litigation system has been in a relatively rapid development stage,which has greatly cracked down on environmental pollution,and urged polluters to restore the ecological environment through the litigation system.The development process of the environmental civil public interest litigation system is worthy of affirmation,but it must be faced that the scope of the plaintiff defined by the current legislation is still relatively narrow.Social organizations as the mainstay of environmental public interest litigation by the strict limit,the legislation have the plaintiff qualifications as determined in the social organization of the people’s government at or above the level of district-constituted municipalities civil affairs department registration,specializing in environmental protection work,and for five consecutive years of no illegal record of social organizations,private non-enterprise units and foundation,etc.Under such regulations,there are few qualified social organizations,and even fewer qualified social organizations have the willingness and ability to initiate environmental public interest litigation,which hinders the development of environmental civil public interest litigation.Found in the process of empirical research,this paper in the already settled the civil environmental public interest litigation case,the plaintiff is focused on the Chinese environmental protection association,China biodiversity conservation and green development foundation,two national social organizations and chongqing green volunteers association,the guangdong environmental protection foundation and a handful of local social organizations,filed a public interest litigation plaintiff confined to a few social organization,and its geographical distribution is extremely uneven.It can be seen that among the few social organizations with the qualification of plaintiff,only a few social organizations can bring civil environmental public interest litigation.The scope of the plaintiff will directly affect the number of public interest litigation cases,as well as the crackdown on environmental pollution and ecological destruction,as well as the protection of the ecological environment.The purpose of the environmental civil public interest litigation system is to fight against environmental pollution and ecological destruction through litigation.Especially in the current ecological environment is not optimistic under the premise of this system is particularly important.Therefore,it is more difficult for the public interest litigation system to play its due role when the scope of the plaintiff is too narrow and the willingness and ability are both insufficient.This article through to in recent years,social organizations and procuratorial organs filed civil environmental public interest litigation cases,as well as the administrative organs,and the villagers committee to citizens about the maintenance of the public welfare lawsuit case collection and analysis,the research in recent years,civil environmental public interest litigation of the plaintiff types and distribution area,the claims and the referee as a result,the analysis of current development of civil environmental public interest litigation and the scope of the plaintiff for the influence of the civil environmental public interest litigation,at the same time,combined with foreign legislation and judicial experience,based on this,advances the development path of civil environmental public interest litigation plaintiff qualification.