The Research On The System Of Environmental Civil Public Interest Litigation

Nowdays,the system of enviromnental public good litigation gradually becomes a heat topic on the theory study of the science of Litigation law. Environmental public good litigation can validly protect citizen's environmental right ,health and environment public good .It is a new form of environmental proceedings that meets the need of modern social development.The system of environmental public good litigation has been upheld through different areas and widely used in developed countries.But in China, the system of environmental public good litigation is still a"blank zone".The protective function of traditional litigation is so limited on the environmental public good that it always can't get effective protection because of lacking valid remedies When the environmental public good was violated, Simultaneously,it hinders the realizeing of citizens'environmental right and restricts citizens to join the environment protection and to supervise the environment law enforcement.It is disadvantageous to environmental protection and sustainable development.so now it is necessary for china to establish the system of enviromnental public good litigation that includes enviromnental civil public good litigation and environmental administrative public good litigation..This paper focus on enviromnental civil public good litigation and expounds the necessity of the found of environmental civil public good litigation in the light of citizen's environmental right. The paper deeply analyses the system with the method of kinds of research ways including theory analysis,comparison analysis, demonstration analysis and using the multidisciplinary vision of different subjects ,such as philosophy,law, sociology and philosophy, Firstly the paper explores citizen's environmental right.as the theory base of enviromnental civil public good litigation and analyses the importance and character of it.The second part expores the basic theory of environmental civil public good litigation. Environmental civil public good litigation can remedy the short of traditional environmental law through this new form of litigation..It can consummate the relevant stipulation on citizens'environmental right and participation in the legislation;it bring the immediate and effective judicial remedies for environmental benefit, especial environmental public good.The third part is about the system of environmental public good litigation abroad as Germany, Japan,especial the system in America and analyses the experience for china to learn .The fourth part puts forward a lot of new train of thought on establishing the system of environmental civil public good litigation in China, Now what we should do is how to make the system fit for our present situation and design it on the base of our present law and litigation system. And the author also gives some advice on qualifications of the plaintiff,expense of proceedings,and so on.