2009Journal of Guizhou Normal UniversityRequires access

Analysis on the Plaintiff Qualified in Environmental Civil Litigation for Public Interest

Yang Su-juan

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Abstract

Environmental civil litigation for public interest has become academic concerns,from university professors' litigation about natural objects to common citizens' about human rights.Many scholars support that this system should be included in China's laws.However,why is environmental civil litigation for public interest always to mortality in reality? Qualified plaintiff is the biggest obstacle.Among the scholars in favor of environmental civil litigation for public interest,who is qualified for the plaintiff? There are four kinds of opinions.This article holds that the followings can be the appropriate choices: civil environmental protection organizations,the nature of its public welfare,environmental protection purposes,the major technology and abundant capital,overcoming the lack of action for Procuratorate and natural persons(citizens).However,because of their inherent deficiencies,a number of measures will be taken to regulate and bound the system.

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Environmental civil litigation for public interest has become academic concerns,from university professors' litigation about natural objects to common citizens' about human rights.Many scholars support that this system should be included in China's laws.However,why is environmental civil litigation for public interest always to mortality in reality? Qualified plaintiff is the biggest obstacle.Among the scholars in favor of environmental civil litigation for public interest,who is qualified for the plaintiff? There are four kinds of opinions.This article holds that the followings can be the appropriate choices: civil environmental protection organizations,the nature of its public welfare,environmental protection purposes,the major technology and abundant capital,overcoming the lack of action for Procuratorate and natural persons(citizens).However,because of their inherent deficiencies,a number of measures will be taken to regulate and bound the system.

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Available abstract

Environmental civil litigation for public interest has become academic concerns,from university professors' litigation about natural objects to common citizens' about human rights.Many scholars support that this system should be included in China's laws.However,why is environmental civil litigation for public interest always to mortality in reality? Qualified plaintiff is the biggest obstacle.Among the scholars in favor of environmental civil litigation for public interest,who is qualified for the plaintiff? There are four kinds of opinions.This article holds that the followings can be the appropriate choices: civil environmental protection organizations,the nature of its public welfare,environmental protection purposes,the major technology and abundant capital,overcoming the lack of action for Procuratorate and natural persons(citizens).However,because of their inherent deficiencies,a number of measures will be taken to regulate and bound the system.

Key concepts: Plaintiff, Public interest, Obstacle, Political science, Law, Civil society, Business, Politics

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