Study On Plaintiff Qualification Of Environmental Civil Public Interest Litigation In Environmental Protection Department

China’s environmental protection authorities(referred to as environmental protection departments)lack a clear legal basis for environmental public welfare,and whether or not they have the qualifications of plaintiffs has been controversial.The legal orientation of the plaintiff qualification of the environmental civil public interest litigation of the environmental protection department is a transitional measure for the special period of environmental protection,and it’s an auxiliary and supplement to the environmental administrative law enforcement.When any unit or individual has polluted environment and has environmentally damaging behaviors and endangers the public interest of the environment,the environmental protection department or other department that is the representative body of China’s environmental public interest may file an environmental civil public interest litigation.However,the environmental protection department should only initiate environmental civil public interest litigation when exhausting its own administrative relief measures,and it’s still insufficient to curb environmental pollution.The environmental protection department’s right to initiate environmental civil public interest litigation is based on:the environmental protection department has the interests of the lawsuit and the environmental protection department is the main body of the environmental public trust.By analyzing the current regulations of the environmental protection department’s environmental civil public interest litigation plaintiff qualification and the environmental protection department’s judicial practice of environmental civil public interest litigation,two problems were found.One is that the plaintiff qualification of the environmental civil public interest litigation of the environmental protection department has not been legalized.The other is the role conflict between civil public interest litigation and administrative law enforcement in the environmental protection department.The recommendations for the plaintiff qualification of environmental civil public interest litigation in environmental protection department are as follows:Firstly,plaintiff qualification of environmental civil public interest litigation in environmental protection department should be legalized,and then,right of the environmental law enforcement and rights of the environmental civil public interest litigation are synchronized.Including determining the responsibilities of the environmental protection department with the plaintiff qualification,and the confirmation of the plaintiff qualification in the environmental protection department must pass a reasonable period of time.