Ｒesearch On The Environmental Litigation System

Environmental Protection has increasingly become the focus of social concern, and promoting it through litigation has turn to necessary. Environmental litigation is a part of the system of environmental protection, and is the last line of defense. Environmental litigation system is a solution to environmental problem, a justice measure to protect the country and social environment, the public interest and the human's environmental rights. It has been widely accepted and more mature abroad. With the development of Chinese society and the legal system, environmental litigation system has gradually become an important topic in our litigation concerns. Environmental litigation's establishment is not only related to protect the interests of our country and the public, but also conducive to the further improvement of China's judicial system. However, environmental litigation was also said to be a blind spot in our country's legislative and judicial practice field. This determines that the research about it is not only necessary but also very difficult. At present, many scholars have begun to study the environmental litigation, but there are still many theoretical and institutional gaps needing to be explored further.Therefore, this paper rationally analyzes of environmental civil litigation, environmental administrative proceedings and environmental public interest litigation about environment, raises China's environmental litigation system. The paper makes a macro, meso and micro study comprehensively and puts forward some ideas about environmental litigation's basic system.Environmental violations and environmental civil liability are the basis of the formation and development of environmental civil tort litigation. Environmental tort is a part of environmental violations. Therefore, the environmental tort case based on environmental tort liability can only fill the personal and property rights of "private damage" and can't protect environmental rights, human survival and development which are facing environmental pollution and the threat of ecological damage caused by environmental violations.Environmental civil tort litigation is essentially a civil litigation or is a special case. The paper analyzes the theoretical basis of environmental administrative action and believes that China's environmental administrative litigation system falls into a predicament in achieving the goals of environmental protection. By its very nature, environmental administrative proceedings are still unable to shake off the traditional sense of "private interest", and can't remedy environmental rights, human survival and development that may be damaged by environmental pollution and ecological destruction caused by chief infringement. Therefore, the traditional or the so-called "administrative action" doesn't converge with modern environmental law. We need to build a new environmental litigation.With the environmental awareness increasing, more and more citizens hope to use the law to protect the country, society and the public's legitimate rights and interests, so environment and public environmental interest litigation has also aroused people's concern. It is widely used in environmental legislation and judicial fields by Common law and Civil law countries. The paper discusses the characteristics, models and patterns of the public environmental interest litigation in static inspection, analyzes the evolution of environmental litigation system and the eligibility and believes that such a system is worthy of our study and emulate.The definition of our country's environmental litigation system and the formation and development of our countries'environmental litigation system are the nexus and cornerstone part of this paper. The paper comes to a conclusive definition on the definition of environmental litigation on the basis of the analysis of environmental litigation. Also, from the perspective of the substantive law and a procedural point of law, China actually has not really established environmental litigation. So the paper makes "environmental litigation" as the starting point to construct China's environmental litigation. The same as environmental law, environmental litigation's goal is the protection of the environment.There are three inspections about the theoretical basis for environmental action. The first is Macro-inspection. This paper wants to explore new ideas for implementing the scientific development concept of environmental protection from a philosophical, cultural, economic and legal perspective in order to lay a foundation of knowledge and methodology for having a comprehensive look at the theory and practice of environmental law and litigation and creating new environmental laws and procedural theory. The second is meso-inspection. The paper studies environmental litigation system from jurisprudence, philosophy of law and economics perspective. The third is microscopic inspection. The paper attempts to use theoretical knowledge of comparative Law, the Private Attorney General Theory, the private law enforcement theory and the public trust theory in order to explore the establishment of environmental litigation system's basic theory and basic ideas.The paper points out how to establish our country's environmental litigation system, procedural safeguards system, judicial guarantee system and the route choice of establishing our country's environmental proceedings system at last. Thus, the paper does a scientific, systematic attempted demonstration about our country's environmental litigation from the point of theoretical basis and system development on the basis of environmental public interest litigation, which will have theoretical and practical significance undoubtedly.