Research On The Cost Of Environmental Civil Public Interest Litigation

Under the background of increasingly prominent environmental problems and increasingly severe environmental situation,environmental public interest litigation,as the last barrier of environmental public interest maintenance,is the most standardized and authoritative way to solve environmental public interest disputes.In judicial practice,the plaintiff of environmental civil public interest litigation bears enormous economic pressure due to various reasons.Litigation costs,and part of the party’s costs have become several mountains on the plaintiff of environmental civil public interest litigation,seriously affecting the initiative of qualified plaintiff.In addition to the introduction,there are three parts in this paper.The first part is an overview of the cost system of environmental civil public interest litigation.The concept of environmental civil public interest litigation and the cost category of environmental civil public interest litigation is defined.The second part reveals the existing problems in the cost system of environmental civil public interest litigation in contemporary China through case analysis and other methods.The problems mainly lie in the different basis of the court’s collection of the case acceptance fee,the over principled burden of the litigation fee,the lack of the fee mechanism of some parties and so on.Among them,the problems existing in the fee mechanism of some parties are mainly manifested in different opinions on whether the lawyer fee should be included in the litigation fee,the scale of reasonable lawyer fee is difficult to grasp,there is no standard for the collection of appraisal fee,and there are many obstacles for the one-way transfer of some parties’ fees.In the third part,according to the problems raised in the second part,some suggestions are given to improve the cost system of environmental civil public interest litigation.This paper aims at how to establish the charging basis,how to divide the restorative and compensatory liability,how to set the burden mechanism,how to distribute the burden of proof,how to improve the supporting measures,and so on,in order to reduce the pressure faced by the plaintiff.At the same time,it also puts forward some opinions on how to reduce the pressure of the plaintiff and avoid the abuse of litigation,and whether the risk agent can be applied in the environmental civil public interest litigation.