Research On Environmental Public Interest Litigation In China

Environmental public interest litigation is the typical model of the public interest litigation, which citizens, companies, organizations and government offices could sue at law according to the legal provisions to safeguard public interests of environment, making the behaviors that damage the environment stop and compensating for the loss of environmental public interest. The plaintiffs of the environmental public interest litigation are individuals and public organizations, also including the government offices, for instance the people's procuratorate and the Environmental Protection Agency. Compared with traditional lawsuit, the environmental public interest litigation is a kind of new-type lawsuit form with the characteristics of the followings: First, the benefits that the environmental public interest litigation protects are the public interests of environment but not the private environmental interests. Second, the environmental public interest litigation has expanded the plaintiff's definition under the traditional lawsuit system. Third, the environmental public interest litigation has obvious prevention and remedy functions. Fourth, the adjudicating of environmental public interest litigation not only produces constrained strength to the people involved in the case, but also produces the influence power and guided strength to the general masses.There are deep theoretical foundations to support the environmental public interest litigation, including the followings: First, private chief procurator's theory, namely while presenting the illegal activities of the government officials, in order to prevent this kind of illegal activities, the Congress can authorize a public government official , such as the chief procurator, to maintain the public interests litigation, or the Congress has the right to appoint other party as a private chief procurator to advocate public interests. Second, public trust theory, its basic meaning refers to: Air, water, river, coast, wasteland and other natural resources belong to the citizen's common property in essence, and were utilized and managed through trust way for public interests by government or other organizations. The citizen and government become relations as client and trustee. As the trustee, the government should get the environment rational managed and avoid destroying. Thus, government offices could sue at law for the public interests of environment and citizens could do these themselves when government is out of function. Third, the environmental right theory exists as another favorable theory for environmental public interest litigation. According to the environmental right theory, we are entitled the rights of controlling environment and enjoying good environment and we also could ask to get rid of damage and prevent damage caused by the pollution behaviors.The American first set up the system of environmental public interest litigation and the system is advantaged compared with other countries. The systems of environmental public interest litigation in Japan and Indian have their own distinguishing characteristics. Understanding the developing history and the content of environmental public interest litigation in foreign countries is favorable to the setting-up and development of the environmental public interest litigation in our country. This text has made an introduction to the environmental public interest litigation in three foreign countries and is expected to play a positive role to the setting-up of the lawsuit system of environmental public interest litigation in our country.At present, there are realistic bases to set up the lawsuit system of environmental public interest litigation in our country. The lawsuit system should be set up because of the defectiveness of law and the defection of administrations. The setting-up of the system has been offered growing conditions: the existing law of our country includes the idea of setting up the lawsuit system of environmental public interest litigation; many environmental protection organizations are founded; the awareness of environmental protection improved and so on. In a word, the foundation of lawsuit system of environmental public interest litigation in our country is feasible and essential.I think it should consider from two aspects about the construction of the lawsuit system of environmental public interest litigation in our country. First, the lawsuit system should be set up on the basis of existing civil and administrative litigation system by revising relevant regulations. It need not destroy the existing lawsuit system, and could reduce the legislative cost in this way. Second, I think we should arouse the public and encourage them to participate in the environmental protection activities and make it the legislative guidelines of the lawsuit system.The contents of the lawsuit system of environmental public interest litigation of our country should contain several aspects as following: Relax the standing of plaint properly and thus allow citizens, companies, organizations and government offices that have no direct interest with the case to sue at law. Relax the case scope and make the abstract administrative behavior sued. Share the burden of proof and expense reasonably and make the plaintiff more advantaged. Make regulations to guarantee the litigation goes well.The foundation of the lawsuit system of environmental public interest litigation is a complex work, and it is impossible to accomplish it in a flash. It needs support and coordination from public of various fields. I believe under efforts from everyone and the faith of protecting our common home, the lawsuit system of environmental public interest litigation is sure to set up in our country as soon as possible.