On the Plaintiff Subject in Water Resources Public Interest Litigation from the Perspective of 'The System of River Leader'

摘要

The gradual establishment of the plaintiff's subject qualification of the administrative organ provides the realistic possibility for the river leader to be the plaintiff of the environmental public interest lawsuit. But it is far from enough to rely on administrative means alone. As the "general agent" of water resources benefit, the river leader has the support of the theory of citizen environmental right and the theory of public trust, etc. The river leader also have inherent advantages in legal application, evidence collection, expertise, funding, and expertise. Therefore, it is beneficial to solve river pollution by allowing the river leader to claim ecological treatment and compensation for ecological repair damage to the main body of pollution through judicial channels. The system of river leader can make the river leader captain realize the essential transformation from "form" to "real".