The System Construction Of Individuals As The Plaintiff Of Environmental Public Interest Litigation

With the rapid development of our country's economy,environmental torts occur frequently and have gradually affected people's daily lives.The environmental public interest is closely related to people's lives,and maintaining the environmental public interest is also the common aspiration of all citizens.Article 55 of the Civil Procedure Law amended by China in 2012 stipulates that legally prescribed organs and relevant organizations may sue the people 's courts for environmental pollution,violations of the legitimate rights and interests of many consumers,and other acts that harm the public interest.Article 58 of the "Environmental Protection Law" amended by China in 2014 stipulates that organizations that have the right to bring a lawsuit to the court for environmental pollution that damages public interests should have the conditions to engage in environmental protection public welfare activities for more than five consecutive years and have no illegal records..So far,China's environmental public interest litigation system has been initially established.However,in the course of studying judicial practice,it can be found that the environmental public interest litigation system has caused many practical difficulties due to the exclusion of individual citizens from the main body of the environmental public interest litigation plaintiff,and has also caused discussions in the academic community..This article mainly discusses the individual citizen's plaintiff subject qualification from the perspective of environmental civil public interest litigation.The main body of the thesis is divided into three parts:The first part,from the perspective of judicial practice,describes the shortcomings of the main body system of the plaintiff in environmental public interest litigation.There are two reasons for the shortcomings of the plaintiff's subject system: first,the law of our country is very strict in identifying plaintiff qualifications for environmental protection organizations;and second,the prosecution authority granted by the law to the prosecution authority is modest.In addition,by comparing and analyzing the case of Jia Fangyi v.CNOOC,Conoco Phillips and Cai Changhai v.Long Xingguang,the possibility of including citizens in the plaintiff subject of environmental public interest litigation was discussed.At the same time,by analyzing the theory of the plaintiff subject of environmental public interest litigation and the extraterritorial judicial system,the rationality of individual citizens' environmental public interest litigation is expounded.The second part,firstly analyzes the advantages of individuals as the plaintiff in environmental public interest litigation.The advantages of individuals as the plaintiff are divided into two aspects: one is to reduce the difficulty of environmental public interest litigation;The second is to maximize the public environmental benefits.Secondly,it discusses the disadvantages of individuals as the plaintiff in environmental public interest litigation.The defects of individuals as the main body of the plaintiff are mainly divided into two aspects: one is that it may lead to abuse of litigation;Second,it may conflict with other plaintiffs.Once again,the advantages and disadvantages of the individual as the plaintiff are weighed and analyzed,and the conclusion is that the advantages outweigh the disadvantages.Finally,the method to solve the problem is to set up the preposition procedure.The last part is to put forward a specific plan for the institution construction of environmental public interest litigation brought by individual citizens.The plan mainly includes two aspects: procedural rules and substantive rules.First of all,the conception of procedural rules mainly includes the case where an individual as a plaintiff brings an environmental public interest lawsuit,that is,the court accepts the scope of environmental public interest appeal brought by citizens.the question of means of prosecution by citizens;The period of pre-litigation review before citizens initiate environmental public interest litigation;The distribution of the burden of proof;The issue of litigation costs and the coordination between citizens and other plaintiffs in environmental public interest litigation.The concept of entity rule aspect is mainly the introduction of two mechanisms.In order to help citizens,solve the difficulties in the process of litigation,the author suggests the introduction of legal aid mechanism.In order to improve the enthusiasm of citizens to bring environmental public interest litigation,the author suggests the introduction of incentive mechanism.