Research On Construction Of Environmental Public Interest Litigation System In China

In modern society, as the sharp deterioration of environment and the gradual exhaustion of resource, people's environmental claim is becoming more and more strong. People commonly demand the government to provide diversified methods to participate environmental affairs, but the process of every government's construction of public participation to environmental affairs is slow. In the approach of relief, the public interest and sociality of environmental right making traditional private interest relief pattern very deficient in the matter of environmental relief. So environmental public interest litigation system emerged under this circumstance. In view of the system hasn't been built in China, there will be four parts to evaluate that system.The first part will summarize the basic content of environmental public interest litigation system. Firstly, the concept of environment, environmental right, public interest, environmental public interest, public interest litigation, environmental public interest litigation etc will be specified. Then the character and the essence of this system will also be evaluated, It's character is as follows: the relaxation of the cause of action, the prompting of suit, the prevention of suit, the expansion of verdict. The system will provide democratic, safe, convenient and economic methods to people to join and manage environmental affairs by means of suit.The second part will evaluate the theoretical basis of the system. Firstly, the basis of constitutionalism is the people's sovereignty doctrine and the checks and balances power doctrine. Secondly, the basis of law is the environmental right doctrine, the private enforcement doctrine and the doctrine of judicial remedies for social rights.The third part will mainly discuss the value, function and the condition of the emergence of environmental public interest litigation system whose value and function is as follows: making up the occurrence of deficiency in the process of environmental management and protection of the environmental protection administration, supervising, preventing the irregular and inappropriate behavior of the environmental protection administration, prompting people's participation of the management of environmental affairs actively, preventing the occurrence of environment damage effectively, setting typical example of the realization of the theory of people management ,prompting the popularity and implement of the theory of people management. Environmental public interest litigation system appeared under the condition of the publicity of environmental information, the protection of citizens'right to know environmental information, the upswing of citizens'environmental awareness, the primary establishment of diversified and good mechanism of resolving environmental disputes, the strengthen of the independence ,justice and ability of judicial activism of judicial review .The fourth part will evaluate the pattern, the choice of route and its concrete construction of our country's environmental public interest litigation system. To build the environmental public interest litigation pattern which considers people and environment protection leagues as the leading part is the most ideal public interest litigation system, which should be targeted. The condition of the occurrence of the system is not mature, which means we must choose a gradual construction method which can be divided into two steps. Firstly, establishing the procuratorial organization and environment protection administrative organization's right to bring a suit in environmental public interest litigation by means of judicial interpretation and binding precedent .Secondly revising current civil procedural law and administrative procedural law through the activity of legislation ,to give any people and environment protect leagues the right of suit, further clearing the right of suit of the procuratorial organization and environment protection administration under right condition. Finally, building the mode of environment public interest suit which consider people and environment protection leagues as the main part, yet the procuratorial organization and the environmental protection administration as the supplementary. After solving the above mentioned problems, the will be a preliminary research of several concrete problems of the plaintiff , the defendant, the judgment of public interest , the scope of suit, the burden of proof , the limit of suit, litigation expenses, the type of judgments.Finally there will be a summary of the development of environmental public interest litigation system and a forecast of its influence in the future. The establishment and operation of the system embodied the dialectical relates between public interest and suit. The meaning and influence of the establishment of this system will exceed the scope of this area, it will promote people's participation implemented across politics and law system, promoting the democratic development of politics and law system.