Formation and Breakthroughs Made in the Plaintiff Subject System of China's Environmental Civil Public Interest Litigation
DOI: 10.23977/law.2022.010108 | Downloads: 4 | Views: 145
Junyan Wu 1, Wenjun Tang 2
1 Law College, Chengdu University, Chengdu, Sichuan, 610106, China
2 Higher Research Institute (Shenzhen) of Unversity of Electronic Science and Technology, Shenzhen, Guangdong, 518110, China
Corresponding AuthorJunyan Wu
As a result of the intervention of subjects of public rights, the subjects of China's environmental civil public interest litigation system have lost their equality, as evidenced by the "indirect" interest of suit relationship and the failure of the theory of interest of suit. According to the theories of abstract public right and objective litigation, the right of action is an objective and universal right, where the interests are not necessarily included in the content of the right of action. Hence, the right of action and the litigation right should be separate and independent of each other. Furthermore, the theory of appropriateness of parties in continuous improvement advocates the mode of action right in which substantive parties and formal parties coexist, thereby laying a theoretical foundation for the establishment of the plaintiff subject system of the environmental civil public interest litigation in China.
KEYWORDSEnvironmental civil public interest litigation, Plaintiff subject, System formation, Theoretical basis
CITE THIS PAPER
Junyan Wu, Wenjun Tang, Formation and Breakthroughs Made in the Plaintiff Subject System of China's Environmental Civil Public Interest Litigation. Science of Law Journal (2022) Vol. 1: 45-50. DOI: http://dx.doi.org/DOI: 10.23977/law.2022.010108.
 Jiang Wei, Shao Ming, Chen Gang. Research on the Right of Civil Action, Law Press, 2002.
 Cao Yunji. Construction of Judgment Standard of Legitimate Litigant in Civil Action: And the "Double Higher Order" of Prosecution Conditions, Northern Legal Science, 5th issue, 2019.
 Chen Gang. Theory of Civil Substantive Procedural Law, Chinese Journal of Law, 6th issue, 2018.
 Cai Jingxian, Yang Jun. On the Qualification of Litigant and Its Criterion, Fujian Legal Science, 1st issue, 2015.
 Huang Zhongshun. Research on the Basic Category of Allocation of Litigation Enforcement Rights, Journal of Political Science and Law, 3rd issue, 2016.
 Xie Wenzhe, Song Chunlong. A Second Discussion on the Identification and Treatment Mode of Illegitimate Parties: And Rationality of the Construction of the Treatment Mode of Illegitimate Parties in China, Cross-strait Legal Science, 1st issue, 2015.
 Lu Yongdi, From Case Filing Investigation to Case Registration: The Judicial Role of Courts in Social Transformation, China Legal Science, 2nd issue, 2016.
 Li Yao. On the Institutional Causes of Litigation Take-on, Juridical Science Journal, 3rd issue, 2016.