On Liabilities In Environmental Civil Public Interest Litigation

In recent years,China’s environmental civil public interest litigation system has developed rapidly,but the relevant legislation is relatively backward,the main basis is judicial interpretation.China first established the system of environmental civil public interest litigation through law,which was revised by the Civil Procedure Law in 2012.Subsequently,the Environmental Protection Law was revised in 2015,and the Interpretation of the Supreme People’s Court on Several Questions Concerning the Application of Law in Environmental Civil Public Interest Litigation and the Law Applicable to the Supreme People’s Court in Trial of Disputes over Environmental Tort Liability were promulgated.In 2017,the Civil Procedure Law and the Administrative Procedure Law were revised.At the same time,a large number of environmental civil public interest litigation cases emerged,which provided certain judicial protection for environmental civil public interest litigation in China.Chinese scholars have already discussed and discussed the plaintiff qualification of environmental civil public interest litigation,but the liability of environmental civil public interest litigation is rarely involved.Although the Supreme Court has formulated corresponding judicial interpretations and there are many judicial practices at the local level,the legislation and definition of liability are still vague and abstract,and there are also some problems and disputes in judicial practice.Therefore,in order to achieve judicial fairness and the steady development of environmental civil public interest litigation in China,it is urgent to study this issue in depth.Slow.According to its different functions,the liability of environmental civil public interest litigation can be divided into preventive liability,restorative liability,compensatory liability and personality restorative liability.This article draws on a case of water pollution in the city’s chemical industry factory,which leads to the responsibility of the current environmental civil public interest litigation.In the case,the Central Plains defendants have argued fiercely about the liability of the defendant’s environmental tort and the scope of civil liability,which is often debated in China’s environmental civil public interest litigation.Focus issues,so this paper selected three more important ways of environmental civil public interest litigation liability undertaking to do a more in-depth study and analysis,and for some of the existing shortcomings,also put forward corresponding suggestions.Specifically,preventive liability includes stopping infringement,eliminating obstruction and eliminating danger.This liability refers to the precaution against further environmental damage or environmental damage.In this case,the court did not apply preventive liability in time,which may lead to the defendant’s further discharge of sewage,damage to the environment,and preventive liability.There are still some problems in the application,such as the single type of cases,the lagging time of litigation and so on.The author thinks that we can take some concrete measures to improve the predicament of preventive liability,such as expanding the type of cases,promoting the publicity of environmental information and expanding the scope of environmental information.Restorative liability only refers to restoring the original state in environmental civil public interest litigation,which means that the environmental tortfeasor personally responds to it.The author thinks that we can improve it by developing environmental science and technology and strengthening environmental monitoring and assessment.The defendant in compensatory liability is facing the problem of repairing environmental pollution by means of money and financial compensation instead of personal compensation.Difficulties include unclear attribution of compensation and the scope of compensation loss.The author believes that we can take the form of legislation to regulate the scope of compensation loss,refer to foreign legislation to establish a punitive compensation system and establish a special public welfare fund mechanism to improve it.