The Law Theory Foundation Of Environmental Public Litigation

In modern society, environmental problems have become global public nuisances. In China, environmental pollution and ecological destruction are also very serious. In some areas the environmental problem has been an important factor which can endanger people's health, and restrict economic development and social stabilization. In order to protect the environment, to prevent environmental pollution and other public nuisance, and to defend the environmental rights and interests, some developed countries have set up the environmental public welfare system one after another. Because this system has offered a realistic measure for the realization of the public environmental rights, it has aroused people's enthusiasm. Therefore, the system has already become a feasible and effective way of supervising the environmental enforcement of law, of preventing environmental pollution and destruction. However, this system hasn't been launched widely in China.This thesis aims at two lawsuits of environmental public welfare both in China and America from the perspective of the realization of the public environmental rights and interests. It analyzes and proves that the "litigious difficulty " of environmental public welfare lies in the fact that the environmental rights set and the environmental law construction lag severely behind the environmental rights requirement that is demanded by the economic development and people's living standard in China. This thesis puts forward the propositions of reinforcing the law construction, building and improving the system about the litigation ofenvironmental public welfare in China on the basis of renewing the point of view of man's environment and realizing the idea of the harmonious relationship between man and nature.