| With the development of ecological civilization construction,citizens’ environmental actions,as the main component of environmental actions,have been highly valued by the society.In the face of the deteriorating ecological environment,the establishment and improvement of environmental public welfare legal remedy system provides a solid legal guarantee for the protection of China’s ecological environment resources.The complainant is the initiator of environmental civil action,whose qualification determines the effectiveness of environmental civil action system to a certain extent.It is therefore very important to consider the qualifications of complainants in civil actions involving environmental interests.This paper analyzes the complainant’s eligibility to participate in civil environmental action from the following five aspects:The first part discusses the definition of the concept of plaintiff in environmental public interest civil action.On the one hand,civil actions with environmental interests will be compared with administrative actions with environmental interests and actions involving ecological and environmental damage in order to clarify the concept and types of civil actions with environmental interests;On the other hand,environmental law theory,demand-side interest theory and litigant jurisdiction theory are put forward in order to put forward the specific content of plaintiff in environmental civil action.The second part introduces the civil environmental public interest litigation in China according to the time order the changes of the plaintiff’s subject qualification,it is concluded that the plaintiff qualification showed a trend of expansion and the line between the plaintiff main body need clear conclusions.The third part is the analysis of relevant problems of civil lawsuit,environmental public interest litigation in China,especially because of the people’s procuratorate function is not yet clear,environmental groups,not enough power to take action,in the field of environment,involving public interests is limited,the scope of the civil lawsuit of the classification of the various litigation subject order is not clear.The fourth part mainly analyzes the foreign public interest judicial relief system,and chooses a country that represents the common law system of the United States and the continental law system,namely Germany.On the one hand,by analyzing the actions of U.S.citizens,we will examine the possibility of granting complainant status to our citizens in civil actions involving environmental interests;On the other hand,Germany’s group procedures and demonstration accreditation procedures have also established a unified management platform for the qualification restrictions of Chinese environmental organizations and the registration of public interest activities.The fifth part is aimed at the problems existing in China’s current environmental civil litigation plaintiff system,and puts forward some targeted suggestions.First of all,it is necessary to clarify not only the role of prosecutors as "plaintiffs" in environmental civil litigation involving public interests,but also the duties and obligations of prosecutors in supporting prosecution.Second,environmental organizations should be encouraged by relaxing their qualifications,applying the principle of inverted burden of proof to litigation,and addressing the shortage of funds from a pluralistic perspective.Once again there are limitations in order to enable citizen groups to villager committees and villagers to become plaintiffs in legal proceedings in the environment,thereby expanding the scope of plaintiffs in environmental judicial action;Finally,taking into account the current situation in our country,we have drawn up a list of prosecutions for administrative agencies,environmental organizations,prosecutors,citizens,village committees and villagers’ groups. |
