Study On The System Of Environmental Public Benefit Suit

Now, the environmental protection develop very extensively and quickly in our country, citizen environmental consciousness also increase gradually, call the environmental protection mechanism consummate as soon as possible. The people are more and more pay attention to the environmental public benefit suit. Particularly in the domestic, It is that take place lots of cases which is about environmental public benefit suit. All of them cause ardent discuss. but current law of our country have not relevant provision to resolve environmental problem, So make a lot of urgent environmental public benefit suits can not get solution, and it is also make the citizen and other social organize who support the environment protected, the behavior of them whom for environmental public benefit with no law basis, can't get the law's support . Therefore, it is necessary to establish the system of environmental public benefit suit in our country. This text is from the public benefit suit, although public benefit suit in ancient Rome have already existed in the period, cause the extensively concerned is in the 20th centuries. In pace with the free capitalism to the monopoly capitalism, then the socialism is on the upgrade, quick development of high technology, people's life society day by day, environmental pollution is appear increasingly. For uphold social and public benefits, environmental public suit emerge in large numbers. As the typical model of public benefit suit, the environmental public benefit suit also have the characteristics of itself. How to make it more economic and efficiency to solution the environmental dispute, every country launches the beneficial quest, author will compare the community procedural in the United States, Japan and Germany, in order to pick and choose foreign experience have a footing on state of our country, and consummate environmental public benefit suit of our country. This text include preface, remarks and other four parts totally, each part take in to generalize introduction below: The first part analyze the foundation theories of environmental public benefit suit, introduced the relevant theories of public benefit suit, such as concept, characteristic and classify. The next analyzed the environmental public benefit suit to be used as the public benefit suit typical model, and its produced have own fundamental theories. Finally draw forth the conception of environmental public benefit suit. The second part discussed the system of environmental public benefit suit overseas. On the basis of the comparative research of the class procedural of USA, party alternative procedural of Japan, group procedural of Germany. They all have their advantages and defects. Finally author evaluate the advantages and disadvantages of three kinds of systems, so as to we can learn something from it. The third part introduced the related theories of representative procedural system of our country at first, compare with the same system abroad, our representative litigation system have some defects are not suitable to the majority environmental procedural. In environment pollution dispute still face many problem. Whether our country's fact conditions or law present conditions, all of them urgently demand us to establish system of environmental public benefit procedural, which stand at the condition of our country. It is also the request of constructing society of rule by law in our country. The fourth part is a focal point of textual, writer emphasize picking and choosing the useful experiences from oversea, such as: loosen party qualifying, petition and prescription of environmental procedural, evidence of environmental procedural, etc. Environmental public benefit suit is an important part of Environmental Law. The article studies some distinctive issues by which the environmental procedural is different from the traditional procedural, so it can ser to improve related construction of Chinese system and theory. At last of textual, author summarize whole article. Environmental public benefit suit as a new-born thing, how should to construct the system of environmental public benefit suit, and let it suitable to settle the majority environmental dispute. Not only saving cost of suit, but also raising efficiency. Protecting people's environmental right, and making the system of environmental public benefit suit in our country established more better and as soon as possible.