On The Construction Of An Citizen Suit System In China

At present, China is in the period of the outbreak of a large number of environmental disputes. In these environmental disputes, there have been many examples of self-help. The emergence of self-help highlights the deficiencies of existing environmental laws implementation system, which is the existing supervision system could not meet the citizens'requirements of environmental law enforcement supervision. Innovation is imperative.The citizen suit of American Environmental laws is a successful supervision system. The most unique place of citizen suit is that the public involve in administrative processes through the use of judicial supervision to oversee the executive, make up for the lack of law enforcement, ultimately conserve and protect the environment. Here the Judicial power is an effective deterrent and supervision of executive power. This is the spiritual core of citizen suit. We can learn from this unique design of the system in order to improve the situation of the poor implementation of environmental laws and the increasingly serious environmental damage.This paper gives an introduction of the American Environmental Citizen Suits, and then discusses the necessity, feasibility and the specific institutional arrangements of the construction of citizen suit in china.The first part details in the American citizen suit. This part refers to the generation of the citizen suit, the concept, the elements (including the plaintiff, the defendant, the scope of case acceptance, the prior notice, the competent court, the litigation costs, the involvement of litigation and the judicial decisions), the importance and the implications for China.The second part demonstrated firstly that China should give priority to learn the supervision of administrative enforcement of citizen suit. Then the second part argues on the necessity and feasibility of the construction of citizen suit in china respectively.The third part is about the specific design of Chinese citizen suit. This includes plaintiffs, defendants, the scope of case acceptance, the prior notice, the competent court, the litigation costs, the judicial decision and the relation between citizen suit and other remedies. The charge right in Chinese Constitutional bases the citizen suit. When we refer to the standing of plaintiff, we should use the theory of interest of litigation and the practice of the creation of lighting right so that we can achieve the goal of constructing citizen suit in China. The citizen suit will provide the administrative organs as defendants. This won't injury to the advanced nature of the system itself. Considering the regulations of letters and visits, administrative reconsideration and litigation, the arrangement of the prior notice provides the defendants and the environmental protection agency of the province as the notified party and a notice period of sixty days. Court will play an important role in the issue of standing. Addition to the level of jurisdiction and territorial jurisdiction, we take this fact into account and ultimately identify the Intermediate People's Court as the competent court. The existing forms of the verdict can be taken into the citizen suit. While in order to encourage the citizen, we should make up them the cost of litigation. For persuading the organs to correct their faults by themselves, the mediation is permitted during the litigation. In the two parts of the Scope of case acceptance and the relation between the citizen suit and other remedies, the relation of the citizen suit and the administrative litigation is the focus. Finally,"sum + list"is considered the best way to define the Scope of case acceptance. In this way, we break through the existing Scope of case acceptance of the administrative litigation. And this way is lawful. Based on the above designs, the citizen suit in china will be taken as a supervision system which is guaranteed by the judicial power. And the citizen suit is supplementary rather than alternative to the existing monitoring system.