The Reflection On Environmental Public Interest Litigation

The protection of environmental public interest has already become the hot spot that society pays attention to. The domestic scholars favor in taking the environmental public interest as the direct lawsuit object. They appeal to establish the lawsuit system of environmental public interest litigation as soon as possible in our country. From the angle of law, the establishment of the legal system in particular from advanced foreign experience to create the legal system should consider the carrying capacity of local community. In China, the establishment of the legal system should be constantly step-by-step. The development of environmental public interest system in the foreign countries have encountered obstacles,such as in the US and India. But the domestic research system is not yet mature enough. For example, the environmental interest rights are not clear, the expansion of the plaintiff qualifications has the barrier of legal principle, the necessary system design is unscientific,the mansion of procedural law is difficult. It will inevitably cause the waste of judicial resources and is unable to obtain the legal progress and the social efficiency to unification if carrying out the system of environmental public interest litigation in present stage. Therefore, the construction of our country's environmental public interest litigation should be the conservative. From the angle of procedural purpose, there are two types of method to give relief to the environmental public interest. Environmental public interest can realize through the environmental privacy interests of cases of the radiation environment in order to protect the public interest. From the economic point of view, environmental public interest litigation is not non-economic, environment privacy interests of relief at this stage are of an economic nature. In regard to the legal evolution, we take three whole stages, to protect environmental private interest as starting point. Firstly, we should ensure the environment private interest through administration and jubilation. Secondly, we will ask the environmental right into our law. Thirdly, we will establish the environment public interest litigation through giving the plaintiff's standing to the association. The key is the first way, we accumulate the law basis of environmental public interest litigation through safeguarding share environmental private interest.