Establishing the Legal Standing of Social Organizations as Plaintiffs in Marine Environmental Civil Public Interest Litigation
The legal standing of social organizations as plaintiffs in civil public interest litigation concerning the marine environment has encountered both theoretical and practical difficulties in the application of law.Article 89(2)of the Marine Environmental Protection Law has reserved space for the future development of social organizations,allowing for the exploration of substantive law applicable to social organizations through various legal interpretation approaches from the perspective of legal doctrinal analysis.The institutional framework for social organizations to initiate marine environmental civil public interest litigation system can be developed from the following aspects:the scope of social organizations can be consistent with the entities defined in the Environmental Protection Law.In setting the threshold for filing lawsuits,attention should be paid to the qualifications of the parties involved,but excessively high entry conditions should not be imposed;the geographical scope of marine public interest litigation initiated by social organizations should fall within the jurisdictional scope delineated by the Marine Environmental Protection Law;legislative techniques of"general+enumeration"can be used to specify the types of cases in which social organizations can bring in marine civil public interest litigation;the hierarchy of litigation order should be set with a two-tier structure involving the government,social organizations,and the procuratorate as the primary entities.
social organizationspublic interest litigationmarine environmentsubject matter of plaintiffs
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