Legal Analysis On Chinese "Ice-Breaking" Environmental Public Interest Litigation

Environmental Public Interest Litigation (hereinafter "EPIL") is a new exploration of the procedural mechanism to respond to the environmental crisis, causing more and more close attention from the environmental law academia and practitioners. But the current theories of main problems are not clear, and there are hardly any profound ones of legislation and judicature. Meanwhile, attempting to get some innovative solutions for it by local judicial power is beginning timely. The environmental trial organizations for special are founded, and some supporting procedural norms are promulgated. So, in order to clarify my own opinion, position and recommendations of EPIL system framework, this paper will define what EPIL is, discriminate which plaintiffs are qualified, and make some detailed interpretations of what value and problems the environmental trial organizations have by analyzing Zhengmao Zhu and All-China Environment Federation V. Container Company in jiangyin city that is a Chinese "ice-breaking" environmental public interest litigation.Except for introduction and conclusion, the paper is divided into three parts together:Partâ… :Introduce the "ice-breaking" lawsuit, including some details and the whole process of hearing. Subsequently, the focuses of this case are raised.Partâ…¡:Analyze and discuss these focuses carefully. Firstly, put forward six basic standards for defining the EPIL conception through application of inductive reasoning, which is the basic to clarify the case nature. Secondly, expound the existing barriers that the environmental right of action faces, after explaining two basic theories of environmental right and environmental right of action. Then conclude that All-China Environment Federation has plaintiff qualification of this case in the dimension of national legislation direction and judicial practical innovation separately. Thirdly, the plaintiffs submited an application to cease pollution defendant made, as soon as the court accepted this case. The author analyzes that it should be adjudicated or not according to advance execution of civil procedure and prior inhibition of IP protection. Finally, in view of this lawsuit, elaborate some information of the environmental tribunal in Wuxi Intermediate Court, and indicate its function as well. Partâ…¢:Deeply think about this lawsuit. Based on foregoing analyses, further thinking of plaintiff qualification and environmental trial organization keeps going. Through domestic present situation studying in the method of experimentation analysis and investigation of foreign relevant systems, point out it is necessary to delegate plaintiff qualification of EPIL to ENGOs and set up environmental trial organizations step by step as a path of breaking away from the predicament. In all, propose author's personal ideas of how to build Chinese EPIL system.