Litigious System Of Environmental Public Good And Its Enlightenment Given To China

With the rapid development of the economy of our country, the environmental problems are becoming more and more serious. According to the provisions of constitution and other relevant laws of our country, any citizen is entitled to inform authorities of the destroying and polluting of the environment committed by any unit or individual, or, accuse them of such doings. But the laws do not make any definite provision on how and to which authorities the citizen shall inform or accuse, which leads to much difficulty in dealing with environmental disputes in practice.A lawsuit can be brought against only where the substantive right of the plaintiff is trespassed, that is, the substantive right of the plaintiff is a precondition for a litigious right. No environmental right, thus, means no environmental litigious right. Therefore, it is essential to resolve, in theory, the problem on the relationship between the substantive right and the procedural right.The environmental public good lawsuit system breaks through the original judicial system which only protects the private interests and it also surpasses the traditional legal system of procedure. It is not a creation of a brand-new lawsuit system but a replenishement and merger of the original judicial system so as to realize the top utilization of the existing judicial resources.This dissertation aims to make a detailed analysis on the nature, characteristics, type and mode of environmental public good lawsuit system, especially advanced experience of some foreign countries. Also, some suggestions are set forth on the establishment and improvement of the system in China.