The Establishment Of Environmental Public Interest Litigation System In China

The environmental public interest litigation system is a kind of juridical redress measure for correcting public illegal action, and protecting public interest and environment, it has been widely accepted and has been ripe litigation system overseas. Along with the development of society and legal system in China, constructing environmental public interest litigation system has gradually been a important topic in the area of litigation in China. The instauration of environmental public interest litigation system not only relates to effective maintenance of our country and social public interest, but also be in favor of farther innovation of juridical system in China. However, because environmental public interest litigation system is still a blind area in legislation and juridical practice in China, which decides the necessity and difficulty of study on environmental public interest litigation system. Nowadays, many scholars have already begun to study on environmental public interest litigation system, but, there still are lots of blind spots in theory which need farther discussion. This dissertation tries to carry through theoretic analysis and factual review to environmental public interest litigation system from basic meaning, in order to be helpful to farther study on this system.Nowadays, protection for environmental public interest is still in traditional model in China. The model that nation is the only body to protect environment is not perfect, because sometimes nation also does something harmful to environment public interest. Hence, it is very significant to establish an environmental public interest litigation system in which multi-parties can take part. It includes prosecuting department, environmental protection organizations and citizens.This thesis starts from basic meaning of environmental public interest litigation, employ comparative methods to research on establishment of environmental public interest litigation system. The first step is comparing with traditional litigation model, civil litigation, criminal litigation and administrative litigation, to conclude the feature and significance of establishment of environmental public interest litigation system. The second step is historical comparative methods. The environmental public interestlitigation system has its own historical development process. This thesis will educe its developing trend refer to its origin to adapt itself to historical tide. The third step is use foreign model of environmental public interest litigation system for reference, in order to establish China's own environmental public interest litigation system.Writer chooses the topic of environmental public interest litigation system based on reality of environmental protection in China. Writer wants to make some helpful advices for establishing environmental public interest litigation system in China. It will be a landmark to environment law, litigation law and career of environmental protection.