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1、The plaintiff qualification of environmental public interest litigation Environmental problems have become widespread concern in twenty-first Century national problem. People in many conveniences to enjoy economic development progress of science and technology, do more, also began to reflect on and
2、even questioned the grace to pay the price. With the increasingly severe environmental pollution, many individual citizens, social organization shave access to justice in order to solve the global problem, environmental public interest litigation and emerge as the times require. As a new type of law
3、suit, it breaks through the limitation of traditional lawsuit plaintiff qualifications, plays a vital role in Protect environment, safeguarding the public interest, has been adopted by many countries in the world. The basic principle and the system based on the environmental public interest litigati
4、on, some problems on the plaintiff qualification of. Environmental public interest litigation refers to the illegal administrative authorities or other public authorities, companies, enterprises or other organizations and individuals or omission, the environmental public interest to suffer infringe
5、upon or at risk, the law permits a citizen or group to protect the environmental public interest litigation to the court system. Some America,Britain, the countries have confirmed the environmental public interest litigation system in legislation. Characteristics of the environmental public interest
6、 litigation First of all, from the lawsuit purpose, environmental public interest litigation for the plaintiff to allow non interested courts and cases, safeguard the interests of the plaintiff the foothold is not, but in promoting public welfare, environmental protection and public interests, advoc
7、ated to environmental public interests rather than the interests of private environment. Secondly, from the subject of litigation, environmental public interest litigationhas broken the limitation between the plaintiff and the case must have interest,starting from the protection of environmental pub
8、lic interest point of view, to any person or organization in the public environment facing the risk of harm or damage to the court to stop or restrain the damage to the right. Environmental public interest litigation expands the definition of traditional litigation system of the plaintiff. Once agai
9、n, from the function of litigation, environmental public interest litigation has obvious prevention function, both the recovery function. That the plaintiff can be sued in the possibility of environmental public interest there is damage,request the court to order the defendant to stop related behavi
10、or, without the environmental damage has occurred as prerequisite of lawsuit.Finally, look at the effect from the lawsuit, environmental public interest litigation involving the interests of the relationship with the public and collective, spread widely, the court in this litigation through the writ
11、 of prohibition or declaratory judgment tend to influence and change the public policy environment. This decision not only for the case of the people involved in the case have binding force, but also influence and guide to the general public is not involved in the case.The concept of environmental p
12、ublic litigation The plaintiff qualification of the environmental public interest litigation refers to the environmental damage or damage. When the environmental public interest legal, can start the judicial remedy procedure qualification. Different plaintiff qualification and plaintiff status, qual
13、ification of the plaintiff from specific infringement has already made, the plaintiff status is the legal status of plaintiff qualification in people with proper court later during the course of litigation have. To determine the standard of environmental public interest litigation plaintiff qualific
14、ation Public interest litigation plaintiff should mainly consists of environmental public interest litigation purpose or aim of the establishment of environmental public interest litigation to decide, at the same time reference interest of other factors.In essence, the proposed source of environment
15、al public interest litigation in the environment, it is the characteristics of the environment determines that any of are source or a regional environmental damage, will suffer the entirety of environment destruction, any pollution behavior, will be environmental public interests potential damage di
16、rectly or indirectly. Therefore, to determine the plaintiff of environmental public interest litigation subject qualification of the environmental public interest must be achieved in order to ensure maximum as the standard.Relaxation of environmental public litigation limit, so that all interested in environmental protection units and individuals have the qualification in the form of litigation in order to protect the environmental public in
