The Construction Of Environmental Public Interests Litigation In China

With rapid economic development in China, China's environmental problems have become increasingly prominent. From the current situation, because the limitations of traditional administrative management and the lack of existing legal regime, the existing mechanisms for environmental protection is almost non-existent, Unable to play a role in protecting environment and cracking down on crimes role, the grim realities calls on the new system appearing, environmental public interest litigation is protecting the environment, protect the earth in an effective way.Firstly, the article to the environmental public interest litigation the concept, characteristics, content such as the legal basis is elaborated,and analyzed in detail to clarify the environmental public interest litigation system in the protection of the environment play an irreplaceable role in the is the present and future fundamental means of protecting the environment. Second, this paper mainly foreign countries (the United States, Japan, Germany, India) was the environmental public interest litigation history and status of introduced and analyzed, and the reality of our country made reference. Third, this combination of China's environmental problems and hinder the environmental public interest litigation system in China were discussed reasons for the development, environmental public interest litigation of the main obstacles in the administration of the means of over-relying on the state and government neglect of public participation, leading to public environmental awareness indifferent; in the current lack of specific legal provisions, this law has been too vague, the lack of application, the defects lead to legislation in the judicial practice of environmental public interest litigation cases of winning rate is very low. So the theory must be improved on the basis of appropriate changes to our laws; On this basis, the paper and from the perspective of theory and practice are able to create the environment of public interest litigation has made a feasibility analysis system. Finally, expand the qualification of plaintiff,and combining theoretical analysis of the right to appeal, and for the current procedural obstacles made on personal recommendations on environmental public interest litigation system in China can be built.