On The Construction Of Chinese Environmental Public Interest Litigation System

At present, environmental public interest litigation system has become the focus not only in theoretical research of Environmental Law but in Law practice for the seriousness of environmental problems. As a new form of litigation in modern society, the environmental public interest litigation can protect public interest against the environmental damage, it also can protect the public's interest, life, health, property and good living environment, as a result, many developed countries have introduced this system into their legislation, such as the citizens action in the United States, the public proceedings in Japan and the group litigation in German. However, Chinese legal protection toward the public interest still remains in principled provisions within few branches of law. Along with increasingly prominent environmental problems and inadaptable remedies of traditional environmental system which focus on the protection of the private interests, the establishment of the environmental public interest litigation system has become more urgent and realistic in china.This paper starts from the concept of public interest and public interest litigation, develops the concept of environmental public interest litigation, and analyses the characteristics of the latter. Based on this, the paper states the fundamental theories of the environmental public interest litigation along with the historical development of public interest litigation : theory of environmental right, the public trust, the unity of environment and taxpayers, furthermore, discusses systematical values of the environmental public interest litigation :it reflects the democracy of environment ,increases the public's supervision of environmental enforcement ,and shows the environmental law attributes of social law.We must consider the reality of our situation when we establish the environmental public interest litigation system. The paper analyzes the inevitability of establishment of environmental public interest litigation system in china first: it is the requirement of the legal development, the particularity of environmental violations as well as the improvement of our democratic system and the reduction of the international pressure. The establishment of environmental public interest litigation system in china is feasible. Firstly, it consists with our country to create a "harmonious society". Secondly, it meets our existing laws and the relevant provisions. Thirdly, it has deep popular base. Finally, the useful attempt by our practitioners and the successful operation of relative foreign systems has accumulated valuable experience for us.The paper devotes a lot of space in demonstrating the concrete conception about the establishment of the environmental public interest litigation system. Begin with qualifications of the plaintiff in environmental public interest litigation, the paper gives point to get rid of limits from the theory of direct relationship in interest, and expands the qualifications of the plaintiff in environmental public interest litigation. According to the paper, this kind of plaintiff includes procuratorial agencies, administrative branches of the environment, private environmental organizations, natural persons, animals, in nature things and future generations. Among these plaintiffs, the paper emphatically states why procuratorial agencies should act as the plaintiff in environmental public interest litigation and challenges they will face. During states the construction of the environmental public interest litigation system , claims, especially mental damages are issued. The paper also discusses the burden of proof, the litigation expenses, the limitation of actions, the content of verification and its implementation.