Environment Public Welfare Lawsuit Legislation Question Research

Traditional law theories are limited to the qualifications and to have a direct stake in the cases. On the environment and social welfare citizen are not considered to have direct stakes, then their qualifications aren't recognized .This, when the environment or social welfare is damaged, citizen can not protect social welfare through legal approaches. The emergence of environmental public interest litigation system, is not only the breakthrough of the parochialism in the protection of their private interests, but also the transcend of the traditional litigation legal system. Today, the trend of community-based environmental entanglements is clear. How to solve the environmental public entanglements, to provide strong guarantee in protecting the environment welfare, has become a challenge, which can not be avoided.Based on the clear definition of litigation in the environmental welfare, the actuality of litigation of environmental welfare and the experience from foreign in the same field, this paper logically analyzes how to eliminate the impediment in the litigation of environmental welfare, and describes the possibility and the feasibility of the litigation of environmental welfare. Then it searches the approach: environmental public interest litigation legislation, which is to solve the entanglements in the environment welfare. The problem of environment is worse, and forcing to legislate to protect the environment and insure the effective implement of the laws. The litigation of environment is the important embodiment which is the change of environmental right from theory to practice.The paper designed and conceived the model of the environment public welfare lawsuit legislation pattern and the conception, put forward some ligislation suggests on setting up our country environment public welfare lawsuit system, expanded the scope of the qualifications, gave citizens, social organizations and environmental agencies to the rights of environmental public welfare lawsuit, supplemented the authority ranges of state organs, stipulated for legislation range rationally, guaranteed against indiscriminate phenomenon;Allocating rationally responsibility of evidence, legislation fees and legislation income, establishing pluralistic, lead review of the environmental public interest litigation and preventative model, making equal individuals, organizations, agencies can enjoy the protection of public environmental benefits, the right to initiate public interest litigation, to meet the international challenges, to participate in international competition provide protection, explore a scientific development concept of Environmental protection to implement new ideas.