论环境公益诉讼的原告主体资格问题 外文翻译本科论文

"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