On The Special Environmental Litigation

China is actively promoting ecological civilization construction, ecological civilization construction needs environmental protection law. The main focus of current environmental law in our country is environmental justice reform to resolve the disputes of environmental rights and interests and deal with environmental problems. The purpose of environmental law is using environmental litigation mechanism to solve environmental disputes, protecting and relieving parties' environmental rights. The current environmental litigation system is not a special independent system, but for the separation of three traditional litigation mechanism, legal mechanism of internal demand it is difficult to fit the environmental rights and interests of the dispute settlement. The environmental dispute resolution system requires special environmental lawsuit mechanism of its particularity, in order to solve the contradiction of traditional litigation system and environmental right protection. From reviewing the existing environmental litigation mechanism dilemma, the report explores the theory and structure of special environmental lawsuit mechanism.This article is divided into five chapters:The first chapter analyzes the current situation and predicament of the environmental lawsuit mechanism under the framework of the traditional civil litigation, administrative litigation and criminal litigation of the three mode of action. China's current legal system has not set up an independent special environmental lawsuit mechanism; the so-called environmental litigation system is just the use of three traditional litigation mechanism to solve different types of environmental disputes. The environmental lawsuit mechanism is essentially a mixture of the three traditional litigation systems to resolve environmental disputes in the process, although constructing the rules and the special procedure law explanation to deal with environmental disputes, but still in the qualification of the plaintiff, the scope of accepting cases, burden of proof, proof of causation in many aspects such as the existence of rules a difficult digestion internal predicament. Deeply analysis causes of the current predicament of environmental lawsuit mechanism, is the absence of citizen's environmental right during the current environment litigation mechanism, the traditional lawsuit thought in the environmental litigation is institutional defects and contradiction between the action mechanism of different nature and lack of coordination.The second chapter analyses special environmental lawsuit mechanism. The first part discusses the environmental lawsuit mechanism of public security function. If the traditional litigation system I the choice of value orientation is the protection of private interest and the remedy of rights, then the special environmental lawsuit mechanism should be positioned for environmental public interest protection function. Because environmental law is expected to have public property protection and relief of the environmental fights, environmental public interest and private interest is compatible with the environment, environmental litigation mechanism should reflect the public welfare and social however, private and private uphold the existing environmental litigation system, has been unable to fit the demand of protect the interests of the environment litigation rules. The second part illustrate with the current environment tort becoming more and more large scale occurrence trend, traditional model in solving environmental infringement dispute is not enough to use, large-scale environmental tort has comprehensive torture he present environmental rights relief mechanism, damage to the environment caused by the infringement of the rights and interests of the large scale process has been difficult to be relief of the traditional tort liability law, mass environmental tort responsibility makes the traditional litigation system in their own responsibility internal predicament, large-scale environmental tort relief is problem of lawsuit procedure, all these problems require construction of environmental litigation system dedicated to deal with.The third chapter discusses the enlightenment of foreign experience, environment experience in judicial practice in America, Japan and some countries of continental law system as well as Australia and New Zealand countries shows that, through the innovation of lawsuit system, including the construction in order to protect the rights and interests and environmental relief special environmental lawsuit mechanism, is the trend of environmental protection litigation, and the underlying causes of this innovation in the new rights disputes resented a new procedure rules demand.The fourth chapter discusses the connotation and value of special environmental lawsuit. The first part explains the meaning of special environmental lawsuit. Whether it is to build environmental public interest litigation system or to set up a special trial organization, the premise of the system function is due to the lawsuit mechanism should be environmental rights relief mechanism of demand. Environmental law is a kind of social law, the protection of the environment right is a kind of social right, and environmental right behind the environmental interest is a kind of social interests. The social protection of environmental public interest litigation system in the traditional system and the right to relief under the concept of judicial mechanism has become a vacancy, system of lawsuit mechanism can not relief in the protection of private rights in the traditional guarantee and highlight. The environmental dispute is a kind of complex nature of social disputes, protection, relief of environmental rights and interests and resolve disputes of environmental rights and interests, we should fully understand and reveal the complex disputes of environmental rights and interests, and on this basis, the fusion methods of public law and private law with its comprehensive functions. These characteristics are put forward requirements of special environmental lawsuit mechanism. The special environmental lawsuit in nature is different from administrative litigation and criminal litigation, civil litigation characteristics, is a new type of lawsuit mechanism. The second part discusses the relationship between specialized environmental justice and the special environmental lawsuit mechanism. Specialized environmental justice is the establishment of specialized judicial (Environmental Court) or set up a special trial organization in its internal environment (Environmental Court) to deal with special trial, its appearance has its necessity and feasibility. Environmental justice in our country specialized process has some difficulties, the reason is that the current practice of the system pay attention to the special environment of judicial organization setting, but ignore the construction of special environmental lawsuit mechanism as the foundation of the mechanism, which makes the current specialized environmental justice practice in the new environment in the special trial organization three traditional litigation mechanism, applicable to the trial of such cases in the environmental, is just a place for the trial of the case litigation mechanism.The fifth chapter demonstrates the structure of special environmental lawsuit mechanism. The first part discuss the perfection of the special environment of judicial organization construction, in the establishment process to take effect and the principle of judicial resources saving principle, the reality is the objective needs of the premise, but also to respect the objective law of environmental resources and uphold judicial resources saving and efficiency principle. Nowadays our country judicial organization has many names which causing confusion, should be unified. The special environment of trial organization form summed up the court of environmental protection (Environmental Court), sent to court, the full court and the circuit court in four modes, environmental Court (the court of environmental protection) is the most common form, also is the most advantageous form in comprehensive comparison, the other three types form have obvious shortcomings in the realization of environmental justice professional demands. The environmental judicial professionalization process in the future should be in accordance with the need to set up the environmental court (Environmental Court). At the same time, when future conditions are ripe, it can also set up special environment court. The second part explain the special procedures mechanisms of environmental litigation, environmental litigation subject included in the expansion, including all the rights and interest of citizens, affected by specific environmental organizations and groups as well as the specific state organ, specific environmental litigation and litigation request, the particularity and the burden of proof rules for the update mechanism. The third part discusses the special environmental lawsuit mechanism to support the implementation of improved mechanisms, including litigation costs system and some special rules of procedure and so on.