Research On The Environmental Civil Public Lawsuit

These years, public lawsuit has become a hot issue in society, but much attention has been paid on the administration public lawsuit in our country. Frankly speaking, the research on civil public lawsuit is very weak, especially on environmental part. In order to attract jade, this article intends to do a preliminary research on environmental civil public lawsuit and its relevant questions.The introduction mainly outlines the background of environmental problem and the abuses of our one-track protect system. Since the industrial revolution, the problem of environmental hazard has attracted attention from many countries. And those countries have established environmental legislation. But there is a distinct characteristic about environmental protection legislation, which is government regulation. Under the circumstance, government should play a main role in environmental protection. Thus environmental management becomes the main measures.However, it is not enough. Because compared with other general injurious act, environmental hazard is an act having values. As the vindicator of social benefit, facing social development and economic growth, a country will connive environmental pollution and destroy caused by all kinds of social activities when balancing the environmental benefit and economical benefit and pursue rapid development of economy even at the expense of environment. This traditional one-track protection mode represented by nation can not completely achieve the goal of environment public protecting. To prove the situation, we need to make the law to reflect the reality and to promote society progress, and we need to get down to the research on environmental civil public lawsuit.The dissertation is divided into four sections. The first section discusses the conception, characteristic and functions of environmental civil public lawsuit. From public lawsuit to environmental public lawsuit, then to environmental civil public lawsuit, the author draws a conclusion. The environmental civil public lawsuit refers to a process in which those who enjoy the environmental right, according to the requirements of law and complaint trust, lodge a complaint to those who destroy the public environmental interest to the people's court, and require them to bear civil responsibility. Compared with traditional way of environmental violations relief, environmental civil public lawsuit, which plays an important role in society, is...