Research On Plaintiff Qualification System Of Environmental Civil Public Interest Litigation In China

With the introduction of the Civil Litigation Law(2017),environmental civil public interest litigation in China officially has three legal prosecution subjects:environmental organizations,environmental organs and procuratorial organs.Since then,the total number of such lawsuits has risen.However,in addition to the substantial increase in the acceptance of prosecuting cases by the procuratorial organs,the other two major subjects of the case acceptance of the increase is not large.The procuratorial organ has become the main subject of prosecution,which is inconsistent with the legal position of assisting the plaintiff.Therefore,it is necessary to sort out the legislative and judicial status quo of the plaintiff qualification system in this kind of litigation in China,analyze the reasons behind the phenomenon,explore the difficulties existing in the plaintiff qualification system,and find the way to improve it.So as to change the current situation,give full and balanced play to the prosecution power of the three main bodies.Based on this,the author introduces the connotation and related theories of the plaintiff qualification in environmental civil public interest litigation,and takes the time line of "Qujing chromium residue pollution case" as the basis to sort out and analyze the legislative changes of the subject of litigation.Referring to the case acceptance data in the White Paper on "Environmental Resources Trial" and other documents,the paper makes statistics and summaries on the actual cases filed by various subjects.Thus,an overall understanding of the status quo of the legal prosecution subjects is formed: there are gradually three main bodies of the plaintiff,but the amount of prosecution cases accepted by the procuratorial organs far exceeds that of the environmental protection organizations and environmental protection agencies.The three main bodies are seriously out of balance in terms of the amount of prosecution cases accepted and the degree of litigation participation.After further analyzing the judicial status quo,the author finds that China’s environmental civil public interest litigation plaintiff qualification system is faced with four dilemmas: the scope of the subject of prosecution is too narrow,the form of the procuratorial organ to participate in the litigation is mixed,the supporting mechanism of the litigation is not perfect,and the lack of funds.In view of the dilemma,the author puts forward the corresponding path to optimize the plaintiff qualification system of environmental civil public interest litigation in China.The scope of plaintiff identification should be expanded by loosening the conditions for prosecution and clarifying the litigation functions of environmental protection agencies.By optimizing the form of pre-lawsuit procedure and balancing the double identities of procuratorial organs,we can standardize the way of exercising the right of action.To perfect the supporting mechanism,we should set up the administrative pre-procedure,perfect the application system of litigation costs and reasonably distribute the burden of proof.The litigation incentive mechanism should be improved by perfecting the special fund system,the public interest lawyer aid system and the plaintiff winning incentive mechanism.