Research On The Systems Of Environmental Civil Litigation In China

Where there is dispute, there is relief, else, there is no right. Environmental litigation, as the last defense line for environmental protection, has arouse deeply concern of the people and the. administrator both in theory and judicial practice. There are many defects in the system of environmental civil litigation, which made the victim feel with difficulties on their defense road, and also just the no environmental public interest litigation that made the appeals on environmental rights is not law-based. The law comes from social practice, the changes of social relations call for the corresponding changes in law, the increasing aggravation of environment problems and the strong desire of protecting environment need the reform of the environmental law and the system of environmental civil litigation urgently.Began with the discussion of the concept, characteristics and object range of environmental tort,this paper research on the system of environmental civil litigation, want to seek the reasonability of the appeals on environmental rights,which based on the environmental disputes' existence and the requires of protecting environmental public interest, and then grant the general public and environmental groups to sue to the court for the environmental public interest by modifying the principle of "direct stake holders" in the system of civil litigation, to lay foundations of constructing the environmental public interest litigation system. After granting the general public and environmental groups to sue to the court for the environmental public interest, concerned with the steps and the costs of constructing environmental public interest litigation, the author think that the law should give the same right to the country's procuratorial organs to play the country's functions in the environmental protection, then the paper also discussed the bodies'status and legal rights briefly.In view of that the environmental public interest litigation is not an independent type of litigation, which just related to the definition of the plaintiff qualification, the author think that we should construct the public interest litigation separately in civil and administrative ligations to protect the environmental public interest, so after explaining the environmental public interest litigation and environmental civil prosecution in the theory, this paper project a mode ---construct the special procedures of environmental civil litigation, then improve the system of the representative litigation and the system of combined appeal, perfect the relevant evidence rules, identification system, prescription system and the legal costs system, to deal with the particularity of environmental tort and reach the requirement of environmental protection.The author hopes that we can remove the obstacles on the defense road by perfecting the system of environmental civil litigation through legislation,in order to avoid environmental disputes'expand, hopes that the construction of the system of environmental public interest litigation could encourage the public to participate in environmental protection more actively, which then will raise the people'awareness of law, and the author also hopes that the tight law can threat the law-breaker, make them protect natural resources and control pollution initiatively and actively while using the natural resources, and bring about a all-round, coordinate and Sustainable development of population, economy, society, resources and environment through implementing scientific development.