On The Construction And Development Of Quasi Authority Environmental Civil Litigation Mode

China's environmental civil action system has been initially established,but the academic circle has not yet formed a comprehensive and systematic theoretical research on it,resulting in the lack of a clear and solid theoretical basis for the design and construction of China's environmental civil action system.A few local courts have made useful explorations on the environmental litigation system,but it is obvious that the courts are self-governing,disunifying and showing a strong utilitarian color.Therefore,to carry out in-depth research on the mode of environmental civil litigation can not only greatly expand the research field of environmental procedural law,which is obviously insufficient,but also contribute to the elaboration,standardization and scientific construction of the environmental civil litigation system.Observing the environmental judicial practice from the perspective of litigation mode,We can find that: in environmental civil litigation,the litigant of the plaintiffs and defendants is not willing to litigate,and the litigation ability is very different;The willingness and ability of lawyers to participate in environmental litigation are not satisfactory;The court set up a trial organization with the different names,actively promoted the initiation and development of litigation,and showed a strong feature of authority doctrine.As a result,environmental litigation costs are high,judicial power and administrative power are both unclear,environmental justice professionalism and authority is questioned,and the process of environmental justice specialization is blocked.Its root lies in the lack of rational thinking and scientific design of the environmental civil action mode in our country.Based on the characteristics of environmental civil litigation,such as the universality of the subject,the particularity of the purpose,and the mixture of public and private interests,the simple application of the traditional civil litigation system is not a good way to deal with environmental disputes.In our country,the witness model of civil prosecution has always been characterized by strong authority doctrine,although on the whole it has recognized the theoretical trend that should be transformed to party doctrine.However,based on the inherent characteristics of environmental litigation,the mode of environmental civil litigation should be chosen independently of the traditional civil litigation system by combining the characteristics of environmental litigation,so as to achieve the balance of the rights(force)among the subjects of litigation.Based on this,a quasi-authoritativist model which takes the authoritativist component as the leading part and appropriately absorbs the rational component of the party's doctrine may be the ideal choice of the current environmental civil litigation model in China.The author defines this ideal model as a due process model,which is guided by environmental interests,dominated by state power,aimed at substantive truth,considered by restoring balance,and based on the authority of the court as the leading force to promote the process,and respects and protects litigants' litigation rights and public participation rights.Based on the requirements of environmental justice theory,litigation benefit theory,litigation responsibility theory and sustainable development theory,the environmental civil litigation mode of quasi-authority doctrine is indeed necessary.It is the inevitable return of judicial nature under the "people-oriented" concept;It is inevitable that the litigation effect can be expected under the guidance of "state power".It is inevitable to improve the trial efficiency under the guidance of "litigation efficiency".The quasi-authority model of environmental civil action has the legitimacy to reflect the inherent requirements of the law of environmental justice.It is the necessary means of environmental civil action to protect and improve the public interests of the ecological environment,solve environmental disputes,maintain environmental legal order and other purposes of the litigation system;It is the natural choice to protect both public welfare and private interests.It is the only way to realize the value of environmental justice.It is an effective way to enhance the professionalism and litigation efficiency of environmental trial.The choice of the mode of environmental civil litigation with quasi-authority also has its practical rationality.It is the main tone of the mode of environmental litigation in various countries,It conforms to the characteristics of environmental disputes,such as unequal subject,complex and diverse dispute contents and ecological nature,and professional dispute settlement.It also conforms China's "centralized,highly unified" historical characteristics of development,and the new China attaches great importance to the judicial tradition of mediation,.It is in line with the Party's leadership of the socialist cause of the characteristics of the essence of socialism,It satisfies the requirements of equality and equal rights of China's social market-oriented economic system.The life and purpose of theory is to serve practice.The new model of environmental litigation will guide and drive the innovation and development of the litigation mechanism and system of the Department of Environment.First of all,it will lead to the re-adjustment of the status and role of each subject in the litigation: the judge will be more active in the interpretation power and litigation command power;Environmental administrative power and judicial power will be "each in its place" and "each in its capacity";Second,it will drive the environment comprehensive innovation and upgrading the system of civil litigation mechanism.We should strengthen the environmental civil procedure of authority to facilitate the construction of mechanism,including the risk and reducing the plaintiffs on the qualification of the original cost of litigation mechanism of promoting power and to act preservation,judicial appointment mechanism of promoting environmental litigation efficiency,to prevent environmental damage and expand prevention mechanism;A mechanism to simplify procedures for damage identification and causality identification;The mechanism of comprehensive treatment and coordination,which takes comprehensive treatment of environmental disputes as its responsibility,and the mechanism of interest balance,which balances and coordinates the interests of multiple subjects.The second is the construction of the mechanism to explore the power of substantive truth,including: the active evidence collection and preservation mechanism of the court;The new principle of allocation of burden of proof in environmental litigation;Expert participation mechanism is the main content of the essence of the truth detection level promotion mechanism.The third is the construction of the specialized mechanism of environmental trial,including the comprehensive reform of the trial procedure of multiple legal relations and the training of the professional specialization of the trial team.The establishment and consolidation of the environmental civil action mode of quasi-authority doctrine must depend on a good external environment.Therefore,it is necessary to further straighten out the relationship between the environmental justice and the environmental administration and at the same time build a harmonious relationship between environmental justice and public law-abiding,which is benign and mutually promoting.