A Research Of The Interest Of Claim In Law Of Procedure For Environmental Dispute Resolution

Interest of Claim is a very important concept and theory in civil law countries. And in case law countries, there are no concepts about that, but rule of adjudication had been established in their case law. But in China, few study have been done in theory domain or in system's construction.In modem society, environment problem becomes increasingly complicated, and environmental tort cases have been increased dramatically. However, the diseases inherited traditionally from the domestic theories of the Law of Civil Procedure contribute to the disputes cased by environmental tort nuisance having not been resolved effectively, which as the result of such newly conflicts as them in environmental tort area have not been accepted by the Civil Judicatory Procedure when there are no bases in terms of theory. At the same time, the Right to environment must be recognized definitely and protected effectively, but it goes the opposite. And we must exploit the way by Civil Procedural Law to solve these problem successfully before environment substantive law have been constituted perfectly. Fortunately, the theory of Interest of Claim in Law of Civil procedure can explain why these environment disputes must be settled by judicatory procedure, which is the essential prerequisite. So, we must improve our legislation and judicial processes guided by this theory, in order to meet the need of solving the current environment difficulties, and to create the chance and opportunity for perfecting environment substantive law and developing the substantive rights to environment.According to above reasons, the writer aim to use this paper to discusses some aspects of Interest of Claim in Law of Civil procedure for environmental dispute resolution.In the writer's opinion, the research should go on in these aspects as follows: legalculture; legal consciousness of people; legislation; judicial practice and so on, and should use the methods in Comparative Law. This paper's main content are as follows:The first, since this theory derives from the equivalent in classical Law of Civil Procedure, so we should study the equivalent theories in traditional subject come from civil law countries and case law countries, which have the classical theory.The second, Interest of Claim theory in Law of Civil Procedure for environmental dispute resolution need to be used to constitute relative systems, whose enforcement is interrelated to the socially environmental phenomenon and people's living environment. So, on the base of the classical theories of Legal Sociology and in the context of the ecological and ethical concept culturally and legally and with the study object of the current law-making about environment problem, this paper discusses some aspects such as consciousness; concept; culture and tradition related to the Interest of Claim in Law of Civil Procedure on environment problem.The last, on the premise that this theory was developed, it need to be put into experiment and juridical practice. Thus, this paper discusses the barrier in the course of pursuing the Interest of Claim directly and reversely. In the end, the writer demonstrates the present situation and the due ways protecting the Interest of Claim and develops a few practicable new plans.