The Plaintiff Suitability of Marine Environmental Public Interest Litigation:Chinese Paradigm and Approach Exploration
The plaintiff suitability system of marine environment public interest litigation in China has distinct Chinese characteristics,which excludes the suitability of social public welfare organizations,and only recognizes that specific organs can be qualified as the subject of prosecution.This type of statutory litigation has expanded plaintiff eligibility,which is a legal obligation,but social public interest organizations cannot initiate public interest litigation.Judicial practice also takes text standardization as the starting point,and has accumulated rich judicial adjudication experience in the trial of relevant cases and formed the different plaintiff proper allocation rules of marine environment public interest litigation and terrestrial ecological environment public interest litigation.However,this arrangement of the plaintiff's eligibility system faces certain issues,such as a lack of litigious vitality and specific discretion standards.In the future,it is suggested to continue to prioritize public interests and explore ways to enhance the plaintiff's eligibility system through external mechanisms and internal norm perfection.To be specific,in terms of external mechanism construction,it is necessary to strengthen the cooperation and procedural cohesion between marine administrative supervision organs and procuratorial organs in the future.In terms of internal regulation application,it is essential to clarify the role of public interest defenders therein and enhance judicial activism.
marine environmental public interest litigationplaintiff qualificationstatutory undertakingmarine administrative and regulatory authoritiesprosecutorial public interest litigation
万方数据
维普
