Study On The System Of Environmental Public Interest Action

Now, the system of environmental public interest action gradually becomes a heat topic on the theory study in the science environmental law in China. The system of environmental public interest action can remove the environmental endangerment and protect the environmental public interest. In the same time, it can maintain the people's legal right on life, health, property and good living environment, and so on. It is a new form of environmental proceedings that is fit for the modern social development need. In the legislation of developed countries, this system is upheld through different forms and widely used in the judicial practice. But in China, the system of environmental public interest action is also a"blank zone" in the present legislation. The protective function of our traditional action is limited on the environmental public interest. When the environmental public interest is violated, it always can't get the effective protection because of lacking for valid remedies. Simultaneously, the lack interferes with realizing the citizens' right to environment and restricts citizens to join in protecting environment and supervising the environment law enforcement. It is disadvantageous very much on our environmental protection and sustainable development.The thesis is based on the fundamental theory and present development situation of the system of environmental public interest action. With resorting to all kinds of research ways, for example theory analysis, comparison analysis, demonstration analysis, and using the multidisciplinary vision of different subjects, such as law, sociology, philosophy, this thesis deeply dissects the necessity on setting up the system of environmental public interest action in China. The author believes that we can remedy the short of traditional law through this new form of action. It can consummate the relevant stipulation on citizens' right to environment and participation in the legislation; it brings the immediate and effective judicial remedies for environmental benefit, especial environmental public interest; it will realize the aim of maximum actionable value.Furthermore, this paper puts forward a lot of new train of thought on establishing the system of environmental public interest action in China, which is based on the system of class action in Germany, the system of popular action inJapan, especial the system of citizen action in America and combines our concrete states. The importance of these thought is how to make the system fit for our present situation and design it on the base of our present law and action system and use the present judicial resource without more cost. Besides of stipulating this system definitely in the legislation and making it be a basic system in the environmental law, the author also gives advice on the other aspects, for example,the citizens' right to environment and participation, qualifications of the plaintiff, expense of proceedings, and so on.