Research On The Basic Problems Of Environmental Public Suit

The environment right is a important citizen right which is definitely stated both in Constitution Law and Environmental Protection Law. It is also the foundation to file a lawsuit when citizen's environmental benefit violated. But in practice, the citizen's environmental benefit hasn't effectively and commonly protected, many citizen's environmental right degenerated into a paper surface thing. No doubt, The particularity and complexity of environmental dispute is one reason to create this kind of situation, but present law lacks feasibility when processing environmental dispute also is a important reason couldn't be neglected. The uncertainty of environmental public interest ,the uncertainty on the scopes of citizen's environmental benefit etc. frustrated many people's enthusiasm to position their right.According to this situation, this article carries on the analysis to the environment public lawsuit, and to the other nations environmental public lawsuit both on theory and in practice. Provides the feasible solutions to environmental disputes, that is establishing the environmental public lawsuit system in our country. The article divides into five parts, the first part makes an introduction to the public lawsuit and the environmental public lawsuit system, and discrimination among environmental public lawsuit and group lawsuit and so on; The second part introduces environmental public lawsuit in two different legal systems; Third part analysis the rationale of environment public lawsuit; The fourth part analysis the feasibility to establish environmental public lawsuit in our country; The fifth part constructs the correlation basic question of the environment public lawsuit when it is established in our country.