论环境公益诉讼的原告主体资格问题--外文翻译.doc

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 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 lawsuit, 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 litigation, 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 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 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, advocated 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 public 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 again, 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 behavior, 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 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 public 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, qualification 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 qualification 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 environmental 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 directly 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 interest. In order to achieve environmental public interest maximum as the standard to determine the plaintiff in environmental public interest litigation subject qualification, which requires in the judicial practice, must be free from restrictions on the plaintiff qualification of the existing procedure, to as many people as possible to attract public environment protection, to achieve environmental public welfare maximum in order to.The plaintiff in environmental public interest litigation subject range A citizen, legal person, other organization. In response to the environmental pollution and the destruction of natural resources of the action, have the capacity for civil rights and capacity for civil conduct citizens, as long as he and polluting the environment, natural resources the destroyer has certain interests,whether this relation is actually already exist or may occur in the future, as long as you can prove this interest, all have the right to bring a lawsuit. Gives every citizen the prevention and control of environmental pollution and the destruction of natural resources rights, can better prevent hazards, protect the ecological environment we live together. The two is a public benefit organization of environmental protection. Chinassocial organization registers bamboo regulations second article: as mentioned in this Regulation refers to the social group, composed of voluntary Chinese citizens, in order to achieve a common intention of member, according to the nonprofit social organization in its articles of association activities. Therefore, the environmental protection commonweal organization general sense can be defined as the establishment, by nongovernmental organizations, individuals in accordance with law. And to have their own independent regulation, organization, decision-making procedures and independent sources of funding for non-profit organizations,public welfare activities mainly engaged in environmental protection association.Individual citizens in environmental protection action, often in a weak position, in this case, the vigorous development of civil society groups, environmental organizations, and the government and the market to become the second force,and because of its public welfare, professional, volunteer, democratic participation, multiple benefit representative, can more effectively to solve complex environmental problems. Litigious right is thus given environmental protection commonweal organization environmental public interest, have a positive and practical significance.The three is the procuratorial organs. Always the procuratorial organs are considered to be representative of the government, is the public interests maintenance. Some local officials in pursuit of the so-called achievements, to the land of chaos chaos, destruction and waste environment. Environmental administrative action of the government to make the administrative relative person is very extensive, although the environmental public interest litigation system to solve the individual citizens not because of direct interest, may bring a lawsuit for public interests, but the individual behavior of litigation cost is too high. Therefore, a number of public benefit and nobodys embarrassment. So the recovery of public prosecution system, prosecution by the representative countries has the right of public prosecution as a prosecutor, can be realized in public to balance public purpose. In the judicial practice, also has been presented by the procurator ate the case on behalf of the state owned assets filed public interest litigation cases. Other issues of environmental public interest litigation plaintiff qualification The animal and natural objects as the environmental public interest litigation problemsWhether the given animal and nature with the plaintiffs qualification, Chinese scholars think: the animal and natural objects, they can be called as the main environmental right, too early but to become the plaintiff of the environmental public interest litigation. But I think, from the perspective of legal rights, not only has the rights of human beings, inanimate objects as the legal relationship between parties is not uncommon, such as ship, company, partnership, their rights and obligations and not because he would not speak, do not express and reduced, widespread corporate is further evidence that does not shortcomings of its own expression ability will become an obstacle to the exercise of the rights,obligations. In the specific operation can adopt a flexible way, as specified in the court litigation guardian, execution, protection, defense lawyers as a party. Future generations as the plaintiff of environmental public interest litigation problemsScholars have been raised, future generations should be the subjects of environmental rights, therefore have the right to file environmental public interest litigation, justice is the eternal pursuit of law, legal problems in environment should also implement the gist; legal justice is human and people between there sources and opportunities of equilibrium however, for the environment,resource system, this object because of the shared and non selective special properties such as fairness, it should not be confined to the reality of the existence of the people, should also take into consideration the interests of future generations, so future generations can enjoy the environmental rights and interests.Ten the abuse of the right to considerSome researchers worry about the relaxation of environmental public litigation limit, reduce litigation threshold, will likely lead to litigation explosion, lawsuittide. Chinas harmony idea ingrained, detesting lawsuit social psychology exist for a long time, hobbies, on the court is not the court of common people;and action is needed to calculate the cost of economic activities, in addition to the case itself involved in litigation costs, legal fees, appraisal fees will also is not a small expenditure. The rational decision he will weigh the advantages and disadvantages for, will not be due to seek stimulation or impulsive choice action. Therefore, in our country, litigation conditions relaxed does not necessarily cause litigation tide. But as a system design should make corresponding response. In this regard, reference USA citizen suit relating to prevent the abuse of litigation provisions, formulate corresponding measures to prevent possible lawsuit tide.In short, in the treatment of environmental public litigation issues, we should not stick to the direct interest relation theory, but also not free to expand the plaintiff of environmental public interest litigation subject qualification, do have a definite object in view. At the same time, to have obtained the qualification of plaintiffs party is necessary to prevent the abuse of litigious right limit, or fails to exercise the right to appeal behaviors.Environmental public interest litigation subject theoryOn the environmental public interest litigation subject theory, can be summarized as the following three: The first theory is widely subject. The doctrine that, any unit and individual can file environmental public interest litigation. It is based on the environmental protection law sixth article: all units and individuals shall have the obligation to Protect environment, and have the right to report and accuse to the units and individuals for pollution and damage to the environment. We think, the right of accusation can not right, but the right of complaint should be a right of appeal. In order to realize the right of appeal, can with ones suit, the court asked the Supreme Peoples Court judicial interpretation, the nature of the right to appeal to the accused. If the nature of the right to appeal against the clear, then any unit and individual can be based on the provisions of the environmental pollution and damage sue. Second kinds of theories are related groups, says. According to this theory, and environmental protection related social groups, non-governmental organizations,departments and units in his own name to bring environmental public interest litigation. Friends of nature specializing in environmental protection work, can be used as a club to bring environmental public interest litigation; Environmental Protection Bureau as a government agency to file environmental public interest litigation. But, has nothing to do with the environmental protection units,organizations can not mention environmental public interest litigation. The doctrine exclusion of individuals can bring environmental public interest litigation,one reason is if give a personal file environmental public interest litigation subject qualification will lead to abuse of litigation, and increase the work intensity of judges.The third theory called the public agency said. The doctrine that only exerciser elated public power organ may file environmental public interest litigation, for example, marine management department may bring a civil public welfare lawsuit of pollution damage to the marine environment; the agricultural sector may be filed public interest litigation on fishery pollution; procuratorial organs can be of any acts of destruction of the environment public interest litigation.The practice of environmental public interest litigation In practice, in the home is considered the environmental public interest litigation cases can be divided into the following five categories: The first category is the environment public welfare lawsuit brought by non-governmental organizations. For example, in July 29, 2009, the financial network reported was placed on file in the court of Qingzhen City of Guizhou province the first national environmental administrative public interest litigation, the China Environment Federation to the identity of the plaintiff sued Guizhou Qingzhen city land re