An Analysis Of Environment Commonweal Lawsuit System From The Perspective Of Law Economics

In modern society, people's life faces great challenge of environmental crisis. More and more people start to put their eyes on environmental problem and devote themselves to the environment protecting movement, and environment protecting consciousness of the public rises gradually: sustainable development conception has gone deeper into people's heart day by day. Environmental dissension starts to be socialized, and environment protection has taken on a character of obvious commonweal. But there are a lot of limitative regulations in the traditional lawsuits, this will block the way for people to turn to environment tort remedy by law. Environment commonweal calls for a new lawsuit system to be established as soon as possible to fulfill public's need of engaging into environment protection, so environment commonweal lawsuit became the focus. As a new type of lawsuit, it breaks up lots of limitative regulations of traditional lawsuit, and has been adopted by many countries. There are a lot of shortcomings in our country's present lawsuit system, which hobbled environmental lawsuit and environmental protection. Hence, this paper will talk about the necessity of founding environment commonweal lawsuit in our country by the way of comparative and economic methods, and issue out some lawmaking ideas about environment commonweal lawsuit.The paper's structure is as follows: first chapter is about the conceptions of environmental tort, environment tort remedy and commonweal lawsuit, it is the theory preparation for following part of the paper; second chapter mainly introduces the development of environment lawsuit in western countries, and also based on which, supplies several ideas for founding environment commonweal lawsuit in our country by analyzing actuality of environment commonweal lawsuit system in China and the differences with foreign countries; third chapter stresses on discussing the advantages of economic method in researching the environment commonweal lawsuit problems and introduces some relevant conceptions and theories about economics, it is for providing the theory gist for researching environment commonweal lawsuit's founding by economics method; fourth chapter discusses the necessity of founding environment commonweal lawsuit in our country by economics way, and puts forward the lawmaking ideas of founding environment commonweal lawsuit system in our country.