Construction Of Environmental Civil Public Interest Litigation Of Our Country

On the base of protecting system of environment , it is important to seek the suitable environmental public interest litigation and it is also necessary for solving the environmental Pollution and keeping the people in health. The thesis tries to solve the problems in economy law, environmental law, litigation law and economics, and also systemic , historical and comparative methods are used to support the view that the society under the rule of law would be an important way to guide the public to attend the execution of the environmental law and for the interest of the public.Firstly, the thesis tries to find the academic basic that is through the systemic viewpoint , the public environmental problem and the relationship between the environment , the people , the society, the environmental public interest litigation and the rights of the citizen. As a new type of modern proceeding, the system of environmental public interest action concerns about the environmental public interest.Secondly, the thesis standing by the environment, the public environment protecting and the system of environment protecting are in a total body. Different from the traditional environmental proceeding, it is supported theatrically by the public Principle and environmental rights theory. The theory of the enlargement of the modern proceeding function leads to the special function of producing the policy of the public environment proceeding.Then, this thesis demonstrates the doctrine of the suitable environmental public interest litigation that is for the public interest , the "anybody" (the procuratorial organs, the national organs , the other organizations and the citizens), for the public interest in the environment they say no to the damages on the environment . By the situation of the plaintiff ,we can take the suitable environmental public interest litigation into two parts:Normal the suitable environmental public interest litigation and special the suitable environmental public interest litigation. So it is important to testify the requirement and the feasibility of the suitable environmental public interest litigation.At last ,on the foundation of the theory and the analysis for the practical cases, the thesis demonstrates mostly on the form of the civil litigation for environmental public interest , the qualifications of the plaintiff (the procuratorial organ is the keystone), the domination of the court, abuse avoided, the legal cost of the suits, the governor of the suits, the intermediation system, jury system, bearing the burden of the suit. One word, all is for the Construction of environmental civil public interest litigation of china.