Research On The Plaintiff Subject System Of Marine Environmental Public Interest Litigation In China

Oceans cover more than 70 percent of the earth’s surface.More than half of the world’s population lives in coastal areas.Good marine environment has a huge benefit for the development of human society.China is located in the east of Asia,the inland sea and coastal sea area of about 4.7 million square kilometers.Our country has a coastline of 18,000 kilometers,which makes us become a veritable maritime power.In the 21 st century,under the guidance and promotion of national policy,China has continued with the marine resources for continuous development and effectively utilizing marine resources.But with the continuous development and utilization of these activities,the damage to the marine environment is becoming more and more obvious,marine environmental damage occurrences more frequent.Now,marine environment pollution and destruction has become another major threat to the sustainable development of human,and effective measures are urgently needed to protect marine environment.Sources of pollution to the marine environment come from a wide range,not only the emission of pollutants from ships,but also land pollutant emissions,the leaking offshore oil exploration,and the discharge of various Marine projects.Plaintiff system is the foundation of the marine environment public interest litigation,a good system eligibility solve contentious issues between the parties,can also ensure the marine environmental pollution effectively reduction,to prevent damage to the marine environment further deterioration,provide effective judicial protection for the protection of the marine environment.This paper aims to Interpretation existing legal provisions,analys the legal basis of eligibility plaintiff,including domestic and foreign legal experience,try to make some suggestions,looking forward to a more efficient safeguard the marine environment.The main architecture are as follows:The first part,analyze the "public interest" feature,we should understand the meaning of "public" in a court case can help better define the scope of "public interest",and through public interest litigation,environment public interest litigation,to understand marine environmental public interest litigation,to find the commonality,as well as unique features,in order to a better system design;The second part,by analyzing the existing law,to explore the legal basis in the public interest litigation marine environment,and to analyze Article 89,paragraph 2,"Marine Environmental Protection Law",demonstrate whether it can as a basis formarine public interest litigation.The third part,demonstrate the legal basis of the various subjects of marine environment public interest litigation filed,analysis of institutional strengths and weaknesses of various subjects,and then design the best mode of the marine environment public interest litigation system;The fourth part,the analysis of the main types of problems in the justice of China’s marine environmental public interest litigation practice,give suggestions for improvement;The fifth part,to make recommendations on the rules for the design of marine environmental public interest litigation in the main proceedings,improve the construction of public interest litigation system in China’s marine environment.