Study On The Plaintiff Qualification Of Individual Citizens In Environmental Civil Public Interest Litigation

In 2005,Comrade Xi Jinping,then secretary of Zhejiang Provincial Party Committee,put forward the development concept of “lucid waters and lush mountains are invaluable assets” during the inspection tour in Anji,Zhejiang.The protection of the natural environment is the top priority of the Chinese nation in the implementation of sustainable development.Although China’s economy has achieved rapid development since the reform and opening up,it is necessary to realize that the extensive development model that causes high pollution and high consumption still occupies a large proportion.The increasingly prominent contradiction between economic development and environmental protection has triggered the reflection of the country and society on environmental protection.Environmental public interest litigation system was first stipulated in the newly revised Civil Procedural Act in 2012,which promoted the development of environmental protection.The law clarified that “organs prescribed by law” and “relevant social organizations” can be the plaintiff of environmental public interest litigation.Environmental Protection Law revised in 2014 specified the criteria for social organizations eligible for prosecution.Through a two-year pilot reform of public interest litigation initiated by procuratorate,Civil Procedure Law revised in 2017 gave procuratorate the qualification of plaintiff to institute environmental public interest litigation.According to the above-mentioned legislative provisions,it can be found that the main plaintiffs who can initiate environmental civil public interest litigation are currently limited to organs prescribed by law,social organizations and People’s Procuratorate.However,citizens who are closely related to environmental public interest cannot raise environmental public interest litigation,which does not conform to the concept of public participation in environmental protection.Therefore,it is necessary for citizens to be qualified as plaintiffs to bring environmental public interest litigation.The structure of this paper is as follows.First,the basic theories of environmental civil public interest litigation raised by citizens are discussed in detail in order to have a comprehensive understanding of the environmental civil public interest litigation system.Secondly,the rationality and necessity of the plaintiff qualification of public interest litigation granted to citizens are demonstrated from the perspectives of the practical value and relevant practical cases of environmental civil public interest litigation initiated by citizens,as well as the shortcomings of existing qualified plaintiff.Then,the current obstacles faced by citizens in instituting environmental civil public interest litigation are explained.In the end,the preliminary conception of the optimal path for citizens to raise environmental civil public interest litigation is proposed.Although citizens currently still face many practical obstacles in instituting environmental public interest litigation,there are relevant theoretical support and practical experience,which can be applied to the improvement of relevant legislation and the construction of supporting systems.Considering factors such as citizens’ insufficient litigation capacity,the risk of citizens’ abuse of litigation,and the respect for the existing plaintiff’s litigation rights,the designed system should enable citizens to play the role of supplementary plaintiff of environmental public interest litigation,rather than replacing the existing plaintiff.The maintenance of the modesty of litigation right is in line with the practical needs of environmental public interest litigation.