As the legal proverb says"no plaintiff, no judge", clearing that the plaintiff in the environmental civil public interest litigation is the premise of the study of environmental civil public interest proceed...As the legal proverb says"no plaintiff, no judge", clearing that the plaintiff in the environmental civil public interest litigation is the premise of the study of environmental civil public interest proceedings. Since the environmental civil public interest litigation system has been formally established by the Civil Procedure Law, one of the most concerned and controversial issues is the problem of the plaintiff. The plaintiff is concerned with two aspects: first, the scope of the plaintiff qualification, that is, who can become the plaintiff in the environmental civil public interest litigation relating to the plaintiff's ability(also known as litigation rights), which reflects the breadth of the scope of the plaintiff; second,the qualification standard of the plaintiff is the requirement of a single plaintiff concerned about the qualified plaintiff(also known as the legitimate parties),which reflects the limitation of the qualification standard of a single plaintiff and the depth of the restriction of the qualification standard of a single plaintiff. It is of great significance to explore the potential of the environmental civil public interest litigation system and to protect environmental public interest.展开更多
基金National Social Science Fund Project,entitled Research on Special Procedures of Environmental Litigation(Number:15BFX154)
文摘As the legal proverb says"no plaintiff, no judge", clearing that the plaintiff in the environmental civil public interest litigation is the premise of the study of environmental civil public interest proceedings. Since the environmental civil public interest litigation system has been formally established by the Civil Procedure Law, one of the most concerned and controversial issues is the problem of the plaintiff. The plaintiff is concerned with two aspects: first, the scope of the plaintiff qualification, that is, who can become the plaintiff in the environmental civil public interest litigation relating to the plaintiff's ability(also known as litigation rights), which reflects the breadth of the scope of the plaintiff; second,the qualification standard of the plaintiff is the requirement of a single plaintiff concerned about the qualified plaintiff(also known as the legitimate parties),which reflects the limitation of the qualification standard of a single plaintiff and the depth of the restriction of the qualification standard of a single plaintiff. It is of great significance to explore the potential of the environmental civil public interest litigation system and to protect environmental public interest.