Good law is a prerequisite for good governance.Legislation is an important political activity of the state,a process of transforming the party’s propositions and the people’s will into the will of the state through legal procedures,and has a bearing on the overall development of the cause of the party and the state.With the rapid development of China’s economy,more and more ecological environment has followed,and the report of the 20 th National Congress of the Communist Party of China pointed out that the primary task of comprehensively building a modern socialist country is to achieve high-quality development,and achieving high-quality development is inseparable from the construction of ecological civilization.Ecological and environmental public interest litigation is a vital part of the process of building ecological civilization,and the most important issue that China should solve at this stage is to coordinate economic development and environmental conflicts to ensure the harmonious development of man and nature.Since ecological and environmental public interest litigation includes ecological environment civil public interest litigation and ecological environment administrative public interest litigation,the improvement of public interest litigation system legislation can be based on these two perspectives respectively to achieve transformation and optimization from the aspects of system model,litigation type,and rule construction.This paper mainly studies the rational issues of ecological and environmental public interest litigation,first discusses the overview of ecological and environmental public interest litigation as a whole,including its concept,model,development process and characteristics of legislation,and compares relevant foreign legislation with domestic legislation,and explains the necessity and feasibility of ecological and environmental public interest litigation legislation in China based on the actual situation in China.In addition,China’s ecological and environmental public interest litigation has indeed been optimized and transformed,the institutional model has gradually shifted from "inclusiveness" to "independence",the type of litigation has shifted from relief to prevention,and there is a possibility for further optimization in the construction of rules,whether in terms of the scope of cases,the main system of litigation,the system of case jurisdiction,trial procedures,and the method of adjudication and the enforcement system of awards.Finally,combined with the cases,the actual problems and corresponding solutions in China’s ecological and environmental public interest litigation are discussed,including the role of the government responsibility system in ecological and environmental public interest litigation,the legal provisions can be more detailed and clear,the scope of litigation subjects expanded,and the unification of public interest private interests. |