Research On The Civil Action For Environmental Public Interest

The political platform that "rule of law and building a socialist country ruled by law" reflected in the field of environmental law, is to continually improve environmental legislation, enforcement of environmental law and environmental justice, not only to realize, safeguard, and develop the private environmental interest, it is more important to realize, safeguard, and develop public environmental interest. And our country has not yet built up a comprehensive legal framework to safeguard environmental public interest, and established environmental public interest litigation mechanism, including the civil action for environmental public interest. Our environmental legal system must be urgently improved.Chapter I is an overview of civil action for environmental public interest. Public interest litigation is that society members apply the way of lawsuit to safeguard public interest. Any organizations and individuals in terms of authorization of law could go to court over the illegal activities which violate the national interest and social welfare, making an appeal to the court to settle the case. Civil action for environmental public interest is a specific form of public interest litigation.The plaintiffs can be direct victims and also have indirect interest; The system of civil action for environmental public interest is designed to safeguard environmental public interest by protecting and improving the ecological environment, making rational utilization of natural resources, and preventing pollution and other hazards; Environmental civil litigation not only have good remedial functions, also a very clear preventive nature; and the court decision has expansionary effect.Making a survey of representative action, class action, group action, the relater action, action of party by selection and citizen suit, we find that: In addition to the citizen suit, other types of litigation are not the litigation safeguarding the public interest in nature.The civil action for environmental public interest includes two basic principles, namely the principles of giving priority to the jurisdiction of the...