Prevention and co-governing: Improving the qualification system of plaintiffs in environmental public welfare litigation under the perspective of codification

Abstract

The Ecological Environment Code establishes the core legislative concept of prevention first and pluralistic co-governing, and reshapes the judicial protection system of China's ecological public interests. At present, environmental public welfare litigation has formed a dual plaintiff pattern of environmental protection social organisations and procuratorial organs, supporting the parallel relief mechanism for ecological and environmental damage compensation litigation. However, there are practical shortcomings in judicial practice, such as rigidity of subject access standards, vague order of multiple prosecution, blank qualification rules for preventive litigation, and narrow public participation channels at the grassroots level. It is difficult to adapt to the governance needs of the code system. This article takes the theory of legal litigation responsibility as the basis of jurisprudence, combines normative analysis and empirical investigation, based on the dual value orientation of prevention and co-governance, sorts out the dilemma of the operation of the plaintiff's qualification system, and puts forward a perfect plan from the four aspects of flexible access rules, hierarchical subject order, preventive exclusive litigation right, and broadening the grass-roots participation path, in order to construct The ecological judicial protection system of risk prevention and control and multi-subject coordination before the establishment provides institutional reference.