Research On The Standing Of The Environmental Public Interest Litigation

Human beings highly developed economic society of human civilization brings a wealth of material wealth, but also of ecological civilization and the ecological security caused a great threat, countries increasing emphasis on environmental issues, from the mid-century, many countries introduced Environmental Policy and the establishment of relevant legal system to deal with the increasingly serious environmental problems. Throughout the history of national environmental protection, basically went from "simple act prohibits the destruction and sewage" to "pay attention to the simple pollution control" to "full, integrated environmental management "process of development. In this process, individual countries to achieve environmental protection system from the purely" environmental rights and interests of individual protection "to the" public interest in protecting the environment, "the transformation. today's era, and international environmental decision China can not go after pollution of the old road to industrialization. since 1979, first enacted in China《Environmental Protection Law》(Trial), the National People's Congress and its Standing Committee on Environment and Resources Protection Law and other guarantees citizens important legal rights and interests of more and more, but the contrast is intensified China's environmental problems. Currently, the outstanding exception of environmental issues, and far from the central government's "harmonious society", "environment-friendly society".One-third of the territory of acid rain pollution, over three hundred million farmers to drink not-clean water, wetland degradation, soil desertification, falling water tables, drying up many rivers or face the threat. This is verified "Acts method is inadequate on its own", as the core of the private interest of the traditional legal remedies Relief System on the protection of the environment is extremely unfavorable public interest, in view of the urgency of environmental protection, environmental protection must break the old pattern, with all social forces, plus great public interest on environmental protection in China. In this context, with an eye to the maintenance of ecological public welfare rather than private interest or economic interest to maintain the environment the environmental public interest litigation more and more attention.Environmental public interest litigation to resolve environmental violations is an important way, but because of the traditional procedural law proceedings subject to strictly limited to the case and has a direct interest in the specific administrative act by the people against the relative inevitably tied to environmental public the development of litigation, could not cope with the increasingly serious environmental violations. Therefore, adaptation to the environment should be established system of public interest litigation in the plaintiff to respond to the increasing needs of environmental disputes. This article focuses on the core issues of environmental public interest litigation, the plaintiff qualification purpose of the study is to address institutional barriers to the elimination of all public participation, and establish a system of environmental public interest litigation to expand the scope of environmental public interest litigation plaintiffs, in order to better safeguard the citizen's life, health, property and living environment with good legal rights, environmental rights in the procedural law to be effective in the protection and realization.This involves the following contents:Environmental Public Litigation theory, the main theory of public trust, "Private Attorney General" theory. Describes the different places in the practice of environmental public interest litigation cases, occurring in different types of plaintiffs, the main a prosecution for the plaintiffs, citizens for the plaintiff, the state natural resource management agencies for the plaintiffs, environmental organizations for the plaintiff. extraterritorial introduced different types of environmental public interest litigation plaintiffs, including the United States Environmental Law "Civil Litigation", Japan Environment Public Interest Litigation. On our existing advantages and disadvantages of different types to compare the plaintiff, drawing on extra-territorial experience, improve the system of Public Interest Litigation.Research focuses on the analysis of the different types of plaintiffs, finding adverse conditions restricting its development, drawing on relevant foreign experience, and make the appropriate legislative and institutional improvement, especially for individual citizens to make a priority of the plaintiff, proposed the establishment of civil charges filed public interest litigation burden and the reward system to better promote public participation in environmental protection and improve human rights awareness.