Research On The Expansion Of Plaintiff’s Qualification In Environmental Civil Public Interest Litigation

Protection of ecological resources is increasingly important,but environmental problems are getting worse,environmental civil public interest litigation system becomes born at the right time and conditions.However,due to the traditional civil litigation qualifications and the lag of legislation,the current judicial practice is faced with the embarrassing situation that the scope of the plaintiffs to file a lawsuit is too narrow and the environmental public welfare infringement cases are frequent.The expansion of plaintiff standing has become a key issue in this study.This paper starts from the judicial situation of our country,this paper proposes the necessity of expanding the qualification based on the current legislation situation.Then,analyze and clarify the implementation problems that will arise after the expansion of plaintiff qualifications;finally,propose an optimal path for the conflict between theory and practice.Specifically divided into four parts:The first part mainly outlines the eligibility of the plaintiffs in the action.Through the definition of connotation and feature identification,a clear portrait of this concept;by exploring the current legislative and judicial status of the plaintiffs,to find the problem and clarify the research goal.The second part mainly discusses the motivation and basis of expanding the qualification of plaintiff,digs deep into the theoretical source,and provides a legitimate basis for the expansion.The third part mainly studies the practical problems arising from the expansion of plaintiff qualifications,how to coordinate the prosecution procedure and the conflict of claim rights,and analyzes the parallel problems with related litigation,which lays a solid foundation for the expanded legal practice.The fourth part mainly solves the theoretical and practical problems raised in the first two chapters one by one,and proposes effective solutions,including the clarification of the specific expansion scope,and the specific optimization of the prosecution procedure and parallel litigation.