Research On The System Of Environmental Commonweal Litigation And The Building Of It In Our Country

Along with our country social economy development, the commonweal litigation increasingly is receiving the attention. Because the legislate is flaw and the reality needs, the establishment of the commonweal litigation was already urgent for our country society development and the democratic construction. The key of protection for the commonweal litigation is the establishment of the plaintiffs multiplex mechanism by law, including any organizations and individuals, so long as they think some behaviors violating the law, encroaching upon the national or the social public interests, they are authorized to the court prosecution, and the law breakers are investigates legal duty by the court. The commonweal litigation is different from the tradition lawsuit which take the individual right as the foundation, the public welfare is its' essential characteristic. The commonweal litigation system is not a kind of appropriation lawsuit, it is only a way and a method of lawsuit, which manifests in the administrative and the civil lawsuit, in the criminal lawsuit the appeal which mentions by the procuratorial agency is not the public welfare lawsuit. The commonweal litigation has four characteristics, including the goal for the public welfare, plaintiff widely, the disproportionality between the plaintiff and the defendant, the undefinity of the lawsuit request as well as the extensive of the ruling potency. Its value is manifesting the democracy, strengthening the protection for the public welfare, saving the judicial resources.The commonweal litigation is built on the deep legal theory foundation, the first, it is the people's sovereignty theory and the authority restriction theory, according to the theory people are the national owner, to all of the behaviors for destructing national interests and the social public interests, the people may exercise thesecondary right, which manifests right restriction, The second, it is the theory of the social right protected by judicature, according to the theory citizen's right, basically is confirmed by the law, it is the law which causes the theoretical citizens' rights to be the realistic right, thus the citizen need the legal safeguard in exercising the national rights and the social public rights. Finally it is the theory of the renewal for lawsuit. The expansion of qualifications for plaintiff is the key for the commonweal litigation system establishment, the development and the consummation of sue right theory prove the right of the plaintiff multiplication on the lawsuit theory level.In our country, when the national interests and the social public interests are infringed, in particular by power, as a result of the commonweal litigation system vacancy, by the existing law, the citizen or other organizations have no right to suit, which causes the public interests not to protect well, which has not been able to adapt our country society development and the legislative need, in this article the author analyzes four aspects which prove the necessity for the commonweal litigation system established in our country, of which the most urgent need is the environmental protection.The environment question is serious in our country day by day, The commonweal litigation system is the important way for citizens' environment right from the theory to the practice. In this article by the introduction of environment commonweal litigation system overseas, especially by the research of the American environment citizen lawsuit system, the author propose a tentative plan of the environment commonweal litigation system in our country. The author thinks we first should speed up the correlation law, in view of the fact that legislates slowness and environmental protection urgent, the author suggested the judicial interpretation should be made by the way expanding the plaintiff, which enables the environment act of sabotage to be able to mentioned by the legal solution. In the aspect of expanding the plaintiff, the author has entrusted with widespread plaintiff, including the environmental administrative organ, the procuratorial agency, citizen individual and other organizations. Especially the development of the environmental protection association, it is very important for all the people to participate in the environmentalprotection.