环境公益诉讼原告资格的理论构建-宪法专业论文.docxVIP

1 2 Abstract The population on earth is increasing rapidly, after the Second World War. The peoples material living standard isnt influenced by the limited natural resources. Guided by the anthropocentric concept, people keep following the previous generations pace to damage the nature and make the human economy rapidly developed and material living conditions greatly improved. However, atmospheric pollution, ozone depletion, the greenhouse effect and other environmental problems started. Nature begins to revenge on humans silently: the environment makes the human life, health or even the continuation of life threatened. Finally humans started to introspect, environmental rights and environmental public interest litigation is made in this background. In China, the researches on environmental rights are various, while the researches on environmental public interest litigation are less. There is a saying:no relief, no right. Studying environmental public interest litigation play a role in paper rights into reality rights role ,make the study of environmental rights no longer just a dead letter. The core problem of the construction of the environmental public interest is the plaintiff qualification. Solving the plaintiff qualification, other issues of the system of environmental public interest litigation will be easily solved. Therefore, the writer tries to discuss the plaintiff qualification of environmental public interest litigation system. Firstly ， the writer analysis the environmental public interest litigation and its particularities and introduces environmental public interest litigation plaintiff qualification systems in the U.S, Japan and India. Then Chinas environmental public interest litigation will be introduced. Analyze the blank legislations and judicial practice of the plaintiff of environmental public interest litigation in China by the means of comparison and reference and then point out that the plaintiff qualification of loose is in acco