Research On The Jurisdiction Of Environmental Public Interest Litigation

Abstract:In recent years, China’s environmental problem is increasingly serious and growing environmental public interest litigation cases, judicial practice, many problems rise to the surface, including the jurisdiction issue. Many problems including the jurisdiction issue rise to the surface in judicial practice. Reasonable jurisdiction system can clear all levels of the people’s court and the people’s court of first instance cases at the same level of division of labor and authority, avoid the jurisdiction of the unknown shuffle or compete for the case condition. But the actual situation in our country is:because of the environmental public interest litigation involving public interests,a wide range and complex conflicts of interest, and the current procedure law of our country is not on the environment public welfare lawsuit shall be under the jurisdiction of the court to make special provision. therefore in the judicial practice still apply the general rules of the jurisdiction of the cases of infringement to environmental public interest litigation jurisdiction has caused a lot of chaos such as the jurisdiction of the court, the level is too low, the court buck-passing between judicial and administrative intervention, seriously hindered the environmental public interest litigation the implementation of the maintenance of environmental public interest purpose. Given in the core of the lawsuit jurisdiction system, so in this paper, based on the determination of jurisdiction, according to combining with the particularity of environmental public interest litigation present situation and judicial practice, and on this basis, to explore new cases under the jurisdiction of the environmental public interest litigation problem, put forward Suggestions for perfecting the environmental public interest litigation jurisdiction. To city under the scope of environmental public interest litigation cases by the defendant has his domicile or where the infringing act then jurisdiction; Across the range of municipal environmental public interest litigation cases by the jurisdiction of the provincial capital city location then; Across provincial range of environmental public interest litigation is under the jurisdiction of the court, or designated by the supreme trial directly.