On The Environmental Lawsuit

With the rapid development of industrialization and urbanization, the phenomenon of environmental tort, which is caused by environment pollution and ecological destruction, has become a major social problem. By analyzing the general theory of environmental lawsuit combined with the study on the foreign countries' environmental lawsuit system, this thesis analyzes the corrupt practice of our country's environmental lawsuit system and also put forward some suggestion to constructing it. This thesis contains four pangs (about 36000 words) .The main contents are:Preface: explain the significance of this topic selecting, the study area ,and the basic thoughts.Chapter I : introduce the general theory of environmental lawsuit; clarify the definition of environmental lawsuit; analyze its category and features. The definition of environmental lawsuit is: two opposite lawsuit parties dispute because of the damage of the personal right, property right and other legal rights' etc caused by environmental problem people make, and handled in a justice way. The features of environmental lawsuit are: 1,the aim is to get relief for the infringed rights caused by environmental problems; 2,environmental lawsuit is a comprehensive system made up of different lawsuit systems; 3,environmental lawsuit's procedural rights are socialized and its scope is broadened; 4, in environmental lawsuit, the justice right presents the broaden trend; generally speaking, environmental lawsuit is a comprehensive law system which consists of different lawsuit systems. We can classify it in different angles.Chapter II: investigate some foreign country's environmental lawsuit system, such as in America, in Japan, in Sweden, in France, and in India. This thesis points out that those five countries mentioned above have 'citizen lawsuit' legal provision, whichis based on environmental right. Group lawsuit is or going to be the important form of environmental lawsuit. In order to lighten the sufferers' cause and effect testimony-offering responsibility, those countries confess in their legal precedent or legislation the theory of probability, medical cause, effect and indirect disproof, and implement the invert testimony-offering responsibility or shifting principle.Chapter III. Analyze our country's current environmental lawsuit, and point put its corrupt practices: l,too much limitation to traditional lawsuit's sue condition; 2, typical representative can't meet the needs of environmental lawsuit; 3,lack of environmental public welfare lawsuit; 4,there are some defects in the testimony regulations of the environmental lawsuit.Chapter IV: put forward some suggestions on the improvement of our country's environmental lawsuit system. It contains: in traditional lawsuit field, it's necessary to broaden the sue conditions and the court's putonfile-for-investigation-and-prosecution range based on the current civil lawsuit and administrating lawsuit systems; construct the environmental public welfare lawsuit system; advance the reform of the try pattern and realize the trail independence in order to provide probability for the court's function; build up special testimony rule and classify the specialist's testimony, the effect of the proof, the time limit of the testimony and the effect of the proof, the time limit of the testimony responsibilities, etc. build and complete environmental public welfare lawsuit support system which is used as environmental lawsuit guarantee system .Condluding remarks: generalize the environmental lawsuit system.